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STATE v. GARY

No. 93,089.

144 P.3d 634 (2006)

STATE of Kansas, Appellee, v. Lorenzo C. GARY, Appellant.

Supreme Court of Kansas.

October 27, 2006.

Attorney(s) appearing for the Case

Carl Folsom, of Kansas Appellate Defender Office, argued the cause, and Michelle Davis, of the same office, 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.

The opinion of the court was delivered by DAVIS, J.:

This case comes before us on the State's petition for review. The question presented for decision is whether a district court after granting a defendant probation on the crimes charged may thereafter revoke that probation based upon a crime committed by the same defendant 3 days prior to his grant of probation. We agree with the Court of Appeals' negative response and affirm its decision reversing the district court...

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