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STATE v. MATHIS

Nos. 87,763, 88,275.

281 Kan. 99 (2006)

STATE OF KANSAS, Appellant/Cross-appellee, v. COY MATHIS, Appellee/Cross-appellant.

Supreme Court of Kansas.

Opinion filed March 17, 2006.

Attorney(s) appearing for the Case

Sheryl L. Lidtke, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Phill Kline, attorney general, were with her on the briefs for appellant/cross-appellee.

James L. Daniels, of Fulcher LaSalle Brooks & Daniels, LLC, of Kansas City, Missouri, argued the cause and was on the briefs for appellee/cross-appellant.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Coy Mathis was charged with two counts of abuse of a child and one count of felony murder for the death of the child. At the conclusion of the State's evidence, the trial court dismissed one of the counts of abuse of a child finding that that charge had merged with the felony-murder charge. The State appealed that ruling on a question reserved. K.S.A. 2005 Supp. 22-3602(b)(3). The State's appeal was...

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