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STATE v. GARDNER

No. 85,964.

272 Kan. 706 (2001)

36 P.3d 229

STATE OF KANSAS, Appellee, v. KENNETH A. GARDNER, Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 2001.

Attorney(s) appearing for the Case

Steven R. Zinn, deputy appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for appellant.

Sheryl L. Lidtke, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, Arthur E. Rhodes, assistant district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is an appeal by the defendant, Kenneth A. Gardner, from his convictions of premeditated first-degree murder, aggravated robbery, aggravated burglary, and arson. Gardner was given a controlling sentence of life imprisonment plus 130 months without the possibility of parole for 25 years. On March 6, 1998, this court affirmed Gardner's convictions.

Gardner filed a motion for a new trial based...

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