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STATE v. PEREZ-MORAN

No. 89,021

31 Kan.App. 2d 328 (2003)

64 P.3d 463

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

Court of Appeals of Kansas

Opinion filed March 7, 2003.

Attorney(s) appearing for the Case

Franklin T. Bruce, assistant district attorney, Keith E. Schroeder, district attorney, and Carla J. Stovall, attorney general, for appellant.

Cheryl I. Allen and Sam S. Kepfield, of Legal Services for Prisoners, Inc., of Hutchinson, for appellee.

Before BEIER, P.J., WAHL, S.J., and PADDOCK, S.J.

WAHL, J.:

The State of Kansas appeals from the sentence imposed upon the appellee for his conviction of attempted battery against a law enforcement officer pursuant to K.S.A. 2002 Supp. 21-3413(a)(2).

The State argues that Perez-Moran's criminal history should not have been amended to H because both his prior felonies could permissibly be included under K.S.A. 21-4710(d)(11). Specifically, the State contends that appellee's prior convictions were not elements...

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