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STATE v. PHINNEY

Nos. 90,639, 91,068.

280 Kan. 394 (2005)

STATE OF KANSAS, Appellee, v. JUSTIN E. PHINNEY, Appellant.

Supreme Court of Kansas.

Opinion filed November 10, 2005.

Attorney(s) appearing for the Case

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

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

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Defendant Justin E. Phinney pled no contest to possession of pseudoephedrine and brings both an appeal from the district court's denial of his motion to reduce sentence and, pursuant to State v. Ortiz, 230 Kan. 733, 640 P.2d 1255 (1982), an out-of-time direct appeal of his sentence. He argues he should be resentenced under the...

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