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STATE v. GARCIA

No. 93,964.

169 P.3d 1069 (2007)

STATE of Kansas, Appellee, v. Ray F. GARCIA, Appellant.

Supreme Court of Kansas.

October 26, 2007.

Attorney(s) appearing for the Case

Elizabeth Seale Cateforis, of Paul E. Wilson Defender Project, University of Kansas School of Law, of Lawrence, argued the cause and was on the brief for appellant.

Matt J. Maloney, 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 NUSS, J.:

A jury convicted Ray F. Garcia of the rape and first-degree felony murder of P.E., a 73-year-old woman. Garcia received consecutive sentences: life in prison for the felony murder and 408 months' imprisonment for the rape. Our jurisdiction is under K.S.A. 22-3601(b)(1), a maximum sentence of life imprisonment imposed.

The issues on appeal, and our accompanying holdings, are as follows:

1. Did Garcia...

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