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STATE v. KIRBY

No. 90,450.

32 Kan.App. 2d 811 (2004)

89 P.3d 931

STATE OF KANSAS, Appellee, v. JAMES KIRBY, Appellant.

Court of Appeals of Kansas.

Opinion filed May 14, 2004.

Attorney(s) appearing for the Case

Randall L. Hodgkinson, deputy appellate defender, for appellant.

Jae M. Lee, assistant county attorney, and Phill Kline, attorney general, for appellee.

Before JOHNSON, P.J., MARQUARDT and GREENE, JJ.

JOHNSON, J.:

James Kirby appeals his sentence for burglary, complaining that the district court erroneously applied the presumptive prison provision of K.S.A. 2003 Supp. 21-4704(l). Finding the enhancement provision was correctly applied, we affirm.

A detailed factual recitation is unnecessary. The issue involves two burglary cases. The first, Case No. 02 CR 35, prosecuted acts committed between April 6 and May 9, 2002. The second, Case No. 02 CR 60, prosecuted...

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