STATE v. McCURRY

No. 90,221.

32 Kan.App. 2d 806 (2004)

89 P.3d 928

STATE OF KANSAS, Appellee, v. JOHNNY McCURRY, JR., Appellant.

Court of Appeals of Kansas.

Opinion filed May 14, 2004.


Attorney(s) appearing for the Case

Patrick H. Dunn, assistant appellate defender, for the appellant.

Steven J. Obermeier, assistant district attorney, Paul J. Morrison, district attorney, and Phill Kline, attorney general, for the appellee.

Before MARQUARDT, P.J., PIERRON and GREEN, JJ.


PIERRON, J.

Johnny McCurry, Jr., argues his sentence is illegal because it violates the "double rule" under K.S.A. 1997 Supp. 21-4720(b)(4). We agree and reverse and remand for resentencing.

In three separate cases consolidated for trial, a jury convicted McCurry of three charges of aggravated robbery and one charge of kidnapping stemming from a series of robberies of Subway sandwich shops in May 1998. The court sentenced McCurry, the so-called "meatball bandit...

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