STATE v. GREEN

No. 95,487.

172 P.3d 1213 (2007)

STATE of Kansas, Appellee, v. Carl Mack GREEN, Appellant.

Court of Appeals of Kansas.

December 14, 2007.


Attorney(s) appearing for the Case

Carl Folsom, III, of Kansas Appellate Defender Office, for appellant.

Steven J. Obermeier, assistant district attorney, Phill Kline, district attorney, and Paul J. Morrison, attorney general.

Before RULON, C.J., ELLIOTT and HILL, JJ.


HILL, J.

Carl Mack Green was convicted of three counts of identity theft. Since he used only one person's identity, Green now contends we must overturn two of his convictions because he is being punished three times for the same crime. Because Green used the stolen identity at three different retailers over a 2-day period, we hold his convictions are proper.

Green also appeals his departure sentence, contending the aggravating factors determined by his jury...

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