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STATE v. BECK

No. 90,488.

32 Kan.App. 2d 784 (2004)

88 P.3d 1233

STATE OF KANSAS, Appellee, v. DANTE R. BECK, Appellant.

Court of Appeals of Kansas.

Opinion filed May 7, 2004.

Attorney(s) appearing for the Case

Sarah Ellen Johnson, assistant appellate defender, for appellant.

Charles L. Rutter, assistant district attorney, Nola Foulston, district attorney, and Phill Kline, attorney general, for appellee.

Before MALONE, P.J., GREENE, J., and DAVID L. STUTZMAN, District Judge, assigned.

MALONE, J.

Dante R. Beck appeals his conviction and sentence for aggravated escape from custody following a jury trial. Beck challenges the trial court's instruction on burden of proof, presumption of innocence, and reasonable doubt which adopted the language of PIK Crim. 3d 52.02. He further claims the trial court erred in sentencing by applying a criminal history which was not proved to a jury beyond a reasonable doubt. We reject Beck's claims and affirm his conviction...

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