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STATE v. ROMERO

No. 88,855

31 Kan.App. 2d 609 (2003)

69 P.3d 205

STATE OF KANSAS, Appellee, v. JUAN C. ROMERO, Appellant.

Court of Appeals of Kansas

Opinion filed May 23, 2003.

Attorney(s) appearing for the Case

Rick Kittel, assistant appellate defender, for appellant.

Charles L. Rutter, assistant district attorney, Nola Foulston, district attorney, and Phill Kline, attorney general, for appellee.

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

KNUDSON, J.:

Juan C. Romero appeals after jury trial convictions for aggravated burglary and aggravated assault. Romero contends the evidence is insufficient to support his conviction for aggravated burglary. He does not appeal his conviction for aggravated assault.

The controlling facts are not in material dispute. The narrow issue is whether the residence had to be occupied by the victims at the time Romero entered without authority. The evidence is plain...

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