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STATE v. DYKE

No. 89,097.

33 Kan.App. 2d 167 (2003)

100 P.3d 972

STATE OF KANSAS, Appellee, v. RANDY DYKE, SR., Appellant.

Court of Appeals of Kansas.

Opinion filed November 26, 2003.

Attorney(s) appearing for the Case

Mary Curtis, assistant appellate defender, for appellant.

Bradley R. Burke, assistant district attorney, Christine E. Kenney, district attorney, and Phill Kline, attorney general, for appellee.

Before MARQUARDT, P.J., LEWIS, J., and LARSON, S.J.

MARQUARDT, J.

Randy Dyke, Sr., appeals his conviction and sentence for one count of felony driving while under the influence of alcohol (DUI). We affirm Dyke's conviction, vacate his sentence, and remand for resentencing.

In February 2002, Dyke was charged with two counts of battery of a law enforcement officer, two counts of obstruction of official duty, and one count of DUI. Dyke and the State entered a plea...

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