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STATE v. BOLEY

No. 91,804.

279 Kan. 989 (2005)

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

Supreme Court of Kansas.

Opinion filed June 10, 2005.

Attorney(s) appearing for the Case

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

Donna L. Longsworth, assistant county attorney, argued the cause, and David E. Yoder, county attorney, and Phill Kline, attorney general, were with her on the brief for appellee.

The opinion was delivered by

LUCKERT, J.:

This case requires us to decide whether the State may, in its discretion, withdraw from a plea agreement when a case is remanded with directions to resentence the defendant to a lesser penalty based on the holding in State v. McAdam, 277 Kan. 136, 83 P.3d 161 (2004) (defendant convicted of manufacturing...

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