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STATE v. SAMMONS

No. 88,534.

276 Kan. 574 (2003)

78 P.3d 470

STATE OF KANSAS, Appellee, v. GARRY L. SAMMONS, Appellant.

Supreme Court of Kansas.

Opinion filed October 31, 2003.

Attorney(s) appearing for the Case

Julia S. Spainhour, assistant appellate defender, was on the brief for appellant.

Michael A. Russell, assistant district attorney, Nick A. Tomasic, district attorney, and Carla J. Stovall, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, C.J.:

Pursuant to a plea agreement, Garry L. Sammons pled guilty to aggravated burglary (K.S.A. 21-3716), a severity level 5 offense, and received a 42-month prison term. Following an evidentiary hearing, restitution was ordered in the amount of $1,935. Defendant appealed the portion of the restitution allocated to tools. The Court of Appeals affirmed the trial court. State v. Sammons,

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