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STATE v. POTTOROFF

No. 90,981.

32 Kan.App. 2d 1161 (2004)

STATE OF KANSAS, Appellant, v. GERALD D. POTTOROFF, a/k/a GERALD D. POTTORFF, Appellee.

Court of Appeals of Kansas.

Opinion filed August 20, 2004.

Attorney(s) appearing for the Case

Kristi L. Barton, assistant district attorney, Nola Foulston, district attorney, and Phill Kline, attorney general, for appellant.

Cory D. Riddle, assistant appellate defender, for appellee.

Before ELLIOTT, P.J., PIERRON and GREENE, J.J.

GREENE, J.

After the conviction and sentencing of Gerald D. Pottoroff for failure to register as a sex offender in violation of K.S.A. 2001 Supp. 22-4903, the State appeals the district court's holding that a prior conviction of Pottoroff for attempted aggravated indecent liberties with a child must be excluded from his criminal history because it was an element of the failure to register conviction. Pottoroff challenges...

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