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AVRIETT v. STATE

No. 89,836

31 Kan.App. 2d 916 (2003)

75 P.3d 766

CLIFFORD AVRIETT, Appellant, v. State of Kansas, Appellee.

Court of Appeals of Kansas

Opinion filed September 5, 2003.

Attorney(s) appearing for the Case

Paula D. Hofaker, of Logan, for appellant.

Joe Shepack, county attorney, and Phil Kline, attorney general, for appellee.

Before KNUDSON, P.J., BEIER and MALONE, JJ.

BEIER, J.:

Clifford Avriett appeals the district court's summary dismissal of his K.S.A. 60-1507 motion.

Pursuant to an agreement with the State, Avriett entered a guilty plea to possession of methamphetamine, a drug severity level 2 felony. Because he had a prior Oklahoma conviction for possession of phencyclidine, his Kansas conviction was treated as a second or subsequent offense, and the presumptive sentence was 49 to 51 months' incarceration. The district...

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