STATE v. BARNES

No. 89,442

31 Kan.App. 2d 825 (2003)

74 P.3d 591

STATE OF KANSAS, Appellee, v. JOSHUA A. BARNES, Appellant.

Court of Appeals of Kansas

Opinion filed August 15, 2003.


Attorney(s) appearing for the Case

Cory D. Riddle, assistant appellate defender, for the appellant.

Ellen H. Mitchell, county attorney, and Phill Kline, attorney general, for the appellee.

Before RULON, C.J., ELLIOTT and LEWIS, JJ.


LEWIS, J.:

Defendant Joshua A. Barnes was convicted of theft in violation of K.S.A. 2001 Supp. 21-3701(b)(3) after a bench trial on stipulated facts. Although defendant fell into a presumptive prison box for sentencing purposes, he was granted a dispositional departure and sentenced to 12 months' probation. He now appeals his conviction.

The facts which led to defendant's arrest and conviction are somewhat peculiar. It develops that defendant was employed...

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