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BROWN v. STATE

No. 91,275.

278 Kan. 481 (2004)

101 P.3d 1201

CHARLES D. BROWN, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 3, 2004.

Attorney(s) appearing for the Case

Randall L. Hodgkinson, deputy appellate defender, argued the cause and was on the brief for appellant.

Lesley A. Isherwood, assistant 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

NUSS, J.:

Charles D. Brown appeals the district court's denial of his motion to file out of time his notice of appeal from the court's earlier denial of his motion for postconviction relief under K.S.A. 60-1507. Our jurisdiction is under K.S.A. 20-3018(c), transfer from the Court of Appeals upon our motion.

The sole issue on appeal is whether the court erred in refusing to allow Brown's appeal to be filed out...

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