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STATE v. MERRILLS

No. 95,117.

149 P.3d 869 (2007)

STATE of Kansas, Appellee, v. Mario MERRILLS, Appellant.

Court of Appeals of Kansas.

January 12, 2007.

Attorney(s) appearing for the Case

Carl F.A. Maughan, of Maughan Hitchcock LC, of Wichita, for the appellant.

Jeffrey E. Evans, assistant district attorney, Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, for the appellee.

Before McANANY, P.J., PIERRON, J., and BRAZIL, S.J.

PIERRON, J.

This is an appeal following the trial court's resentencing of Mario Merrills upon remand from this court. Merrills challenges the court's rejection of his objection to his criminal history and its decision to impose consecutive sentences.

Following a jury trial, Merrills was convicted of aggravated robbery and attempted second-degree murder. The trial court imposed an upward durational departure sentence of 494 months' imprisonment for aggravated...

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