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STATE v. ALLEN

No. 84,512.

28 Kan. App.2d 784 (2001)

20 P.3d 747

STATE OF KANSAS, Appellee, v. HERMAN E. ALLEN, Appellant.

Court of Appeals of Kansas.

Opinion filed April 6, 2001.

Attorney(s) appearing for the Case

Randall L. Hodgkinson, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Richard A. Olmstead and Debra S. Peterson, assistant district attorneys, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before GREEN, P.J., BEIER, J., and DAVID PRAGER, Chief Justice Retired, assigned.

GREEN, J.:

Herman Allen challenges the sentence imposed following a remand by this court to the trial court. The remand was to determine whether Allen received ineffective assistance of counsel regarding the inclusion of three battery convictions in his criminal history. The trial court refused to hear evidence on whether Allen's counsel fell below a reasonable standard of competence and denied his ineffective assistance claim. In addition, the remand was to determine...

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