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STATE v. McKISSACK

No. 93,670.

156 P.3d 1249 (2007)

STATE of Kansas, Appellee, v. Nicholas McKISSACK, Appellant.

Supreme Court of Kansas.

April 27, 2007.

Attorney(s) appearing for the Case

Carl A. Folsom, III, of Kansas Appellate Defender Office, argued the cause, and Nathan B. Webb, 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.

DAVIS, J.:

Nicholas McKissack forcibly entered his estranged girlfriend's car and removed stereo equipment and compact discs that had been given to her by her ex-fiancé. He was charged with burglary and misdemeanor theft. A jury convicted him of burglary and criminal deprivation of property, based upon instructions from the trial court that criminal deprivation of property was a lesser included offense of theft. The Court of Appeals affirmed in State v. McKissack...

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