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STATE v. SIMMONS

No. 91,659.

148 P.3d 525 (2006)

STATE of Kansas, Appellee, v. Donald L. SIMMONS, Appellant.

Supreme Court of Kansas.

December 15, 2006.

Attorney(s) appearing for the Case

Korey A. Kaul, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Boyd K. Isherwood, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.

PER CURIAM:

This case is before us on review of the Court of Appeals' decision to reverse defendant Donald L. Simmons' convictions of aggravated kidnapping and aggravated robbery because the trial court refused to give an accomplice instruction. See State v. Simmons, No. 91,659, 2006 WL 538265, unpublished opinion filed March 3, 2006. Our consideration of the issue of whether reversible error occurred requires determination of whether one who is an accessory...

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