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STATE v. MAXON

No. 87,696, No. 87,697

32 Kan.App. 2d 67 (2003)

79 P.3d 202

STATE OF KANSAS, Appellee, v. CHRISTOPHER MAXON, Appellant. STATE OF KANSAS, Appellee, v. JODI MAXON, Appellant.

Court of Appeals of Kansas

Opinion filed November 21, 2003.

Attorney(s) appearing for the Case

Allan E. Coon, of Norton, Hubbard, Ruzicka & Kreamer L.C., of Olathe, and Scott C. Gyllenborg, of Scott C. Gyllenborg, P.A., of Olathe, for appellants.

Stephen M. Howe and Steven J. Obermeier, assistant district attorneys, Paul J. Morrison, district attorney, and Phill Kline, attorney general, for appellee.

Before JOHNSON, P.J., GREENE, J., and DAVID W. KENNEDY, District Judge, assigned.

JOHNSON, J.:

Christopher and Jodi Maxon were each convicted of two counts of theft and one count of mistreatment of a dependent adult. They appeal, challenging the sufficiency of the evidence and the imposition of Christopher's upward dispositional departure sentence. We affirm the mistreatment of a dependent adult convictions but reverse the theft convictions, thereby rendering the sentencing question moot.

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