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STATE v. DENNEY

No. 90,454.

278 Kan. 643 (2004)

101 P.3d 1257

STATE OF KANSAS, Appellee, v. DALE M.L. DENNEY, Appellant.

Supreme Court of Kansas.

Opinion filed December 17, 2004.

Attorney(s) appearing for the Case

Carl F.A. Maughan, of Law Offices of Carl Fredrick Alexander Maughan, L.L.C., of Wichita, argued the cause and was on the briefs for appellant.

Matt J. Maloney, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

NUSS, J.:

Dale Denney appeals the denial of his motions for correction of an illegal sentence and for DNA testing. Our jurisdiction is under K.S.A. 22-3601(b)(1), maximum sentence of life imprisonment imposed.

We hold that the trial court did not err in denying Denney's motion to correct an illegal sentence but that it did err in denying his motion for DNA testing. Therefore, we affirm in part, reverse in part...

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