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STATE v. SMITH

No. 87,294

278 Kan. 45 (2004)

92 P.3d 1096

STATE OF KANSAS, Appellee, v. BENNY R. SMITH, Appellant.

Supreme Court of Kansas

Opinion filed June 25, 2004.

Attorney(s) appearing for the Case

Rhonda Keylon Levinson, of Gibbens, Levinson & Levinson, of Basehor, argued the cause, and Carl F.A. Maughan, of Law Offices of Carl Fredrick Alexander Maughan, L.L.C., of Wichita, was on the brief for appellant, and Benny R. Smith, appellant, was on a supplemental brief pro se.

Debra S. Peterson, deputy district attorney, argued the cause, and Nola Foulston, district attorney, and Phill Kline, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

BEIER, J.:

Benny Ray Smith was convicted of premeditated first-degree murder and sentenced to life in prison. This is his direct appeal. We affirm.

Smith's conviction arose out of the shooting death of Michelle Scott. Evidence presented at trial demonstrated that Scott was shot in the head at close range. The entrance wound was behind her left ear.

Smith lived with Scott and her 12-year-old son. Smith...

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