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STATE v. MILES

No. 93,260.

35 Kan.App. 2d 211 (2005)

STATE OF KANSAS, Appellee, v. MAURICE MILES, Appellant.

Court of Appeals of Kansas.

Opinion filed October 7, 2005.

Attorney(s) appearing for the Case

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

Thomas R. Stanton, deputy district attorney, and Phill Kline, attorney general, for appellee.

Before RULON, C.J., GREENE, J., and BRAZIL, S.J.

RULON, C.J.:

Defendant Maurice Miles appeals the sentence imposed for his conviction for conspiracy to manufacture methamphetamine, arguing the conduct proscribed by K.S.A. 65-4159(a) is identical to the conduct proscribed by K.S.A. 65-4152(a)(3). Under the reasoning of State v. McAdam, 277 Kan. 136, 83 P.3d 161 (2004), the defendant contends he should have been sentenced to the lesser of the...

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