STATE v. CARTER

No. 87,130.

30 Kan. App.2d 1247 (2002)

57 P.3d 825

STATE OF KANSAS, Appellee, v. BILLY W. CARTER, II, Appellant.

Court of Appeals of Kansas.

Opinion filed November 15, 2002.


Attorney(s) appearing for the Case

Patrick H. Dunn, assistant appellate defender, for appellant.

Kelly J. McPherron, legal intern, Angela M. Wilson, assistant district attorney, Christine Kenney, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before GERNON, P.J., GREEN, J., and PADDOCK, S.J.


GREEN, J.:

Following a jury trial, Billy Wayne Carter, II, was convicted of fleeing or attempting to elude a law enforcement officer, obstruction of official duty, and battery on a law enforcement officer. Carter was sentenced to 24 months' probation with an underlying prison term of 36 months for the convictions. On appeal, Carter contends that the State violated his Fifth Amendment rights by commenting on his post-Miranda silence. In addition, Carter maintains...

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