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STATE v. SMITH

No. 92,570

34 Kan.App. 2d 368 (2005)

STATE OF KANSAS, Appellee, v. ROGER M. SMITH, Appellant.

Court of Appeals of Kansas.

Opinion filed September 16, 2005.

Attorney(s) appearing for the Case

Janine Cox, capital appellate defender, for appellant.

Timothy L. Dupree, assistant county attorney, Marc Goodman, county attorney, and Phill Kline, attorney general, for appellee.

Before GREENE, P.J., HILL and BUSER, JJ.

GREENE, J.:

Roger M. Smith appeals the district court's summary denial of his motion for DNA testing pursuant to K.S.A. 2004 Supp. 21-2512. Concluding that such testing could not produce exculpatory evidence, we affirm.

Factual and Procedural Background

Smith pled guilty to one count of rape and one count of aggravated criminal sodomy in 1986. The record on appeal reflects that during his incarceration, he has written a host of letters to...

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