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STATE v. PEREZ-MORAN

No. 89,021.

276 Kan. 830 (2003)

80 P.3d 361

STATE OF KANSAS, Appellant, v. ISIDRO PEREZ-MORAN, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 2003.

Attorney(s) appearing for the Case

Franklin T. Bruce, assistant district attorney, argued the cause, and Keith E. Schroeder, district attorney, and Phill Kline, attorney general, were with him on the briefs for appellant.

Sam S. Kepfield, of Legal Services for Prisoners, Inc., of Hutchinson, argued the cause, and Cheryl I. Allen, also of Legal Services for Prisoners, Inc., was with him on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

Isidro Perez-Moran, an inmate at the Kansas State Correctional Prison, was convicted of two counts of attempted battery against a law enforcement officer pursuant to K.S.A. 2002 Supp. 21-3413(a)(2). On the defendant's motion, the trial court excluded two prior person felonies from his criminal history because the prior convictions were necessary to establish that he was in the custody of the Secretary of...

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