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STATE v. DAVIS

No. 90,982.

281 Kan. 169 (2006)

STATE OF KANSAS, Appellee, v. JEFFREY L. DAVIS, Appellant.

Supreme Court of Kansas.

Opinion filed March 17, 2006.

Attorney(s) appearing for the Case

Melissa Kasprzyk, of Wright, Henson, Clark, Hutton, Mudrick & Gragson, LLP, of Topeka, was on the briefs for appellant.

Douglas W. McNett, assistant county attorney, and Phill Kline, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

NUSS, J.:

Jeffrey L. Davis appeals the denial of his motion to correct an illegal sentence. After he was charged with rape, aggravated kidnapping, and battery, his attorney filed a motion to determine Davis' competency. Although the district magistrate judge ordered the competency determination, his order was returned without service on the hospital. Despite the lack of a competency determination, Davis' preliminary...

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