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STATE v. BROWN

No. 92,413.

34 Kan.App. 2d 746 (2005)

STATE OF KANSAS, Appellee, v. MICHAEL J. BROWN, Appellant.

Court of Appeals of Kansas.

Opinion filed December 23, 2005.

Attorney(s) appearing for the Case

Rick Kittel, assistant appellate defender, for appellant.

Kim W. Cudney, county attorney, and Phill Kline, attorney general, for appellee.

Before RULON, C.J., GREENE and BUSER, JJ.

BUSER, J.:

In November 2003, Michael J. Brown was convicted by a jury of involuntary manslaughter while operating a vehicle under the influence of alcohol (K.S.A. 2004 Supp. 21-3442) and driving under the influence of alcohol (K.S.A. 2004 Supp. 8-1567[a][2]). Brown appeals his convictions and sentences. We affirm in part, reverse in part, vacate the sentence, and remand for resentencing.

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