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STATE v. ZEINER

No. 88,754

31 Kan.App. 2d 606 (2003)

69 P.3d 213

STATE OF KANSAS, Appellee, v. LAMONT W. ZEINER, Appellant.

Court of Appeals of Kansas

Opinion filed May 23, 2003.

Attorney(s) appearing for the Case

Theresa Barr, assistant appellate defender, for appellant.

Charles L. Rutter, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before KNUDSON, P.J., MARQUARDT, J., and PADDOCK, S.J.

KNUDSON, J.:

Lamont W. Zeiner appeals from the restitution order entered by the district court as a condition of probation following his conviction for aiding a felon, contrary to K.S.A. 21-3812(a), a severity level 8 nonperson felony. Zeiner contends the district court erred in imposing restitution for damages not caused by his crime.

We reverse. The damages were not caused by Zeiner's crime, nor did he acquiesce to payment of damages in the underlying plea...

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