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STATE v. BIRTH

No. 94,586.

158 P.3d 345 (2007)

STATE of Kansas, Appellee, v. Demetrius L. BIRTH, Appellant.

Court of Appeals of Kansas.

May 18, 2007.

Attorney(s) appearing for the Case

Rachel L. Pickering, of Kansas Appellate Defender Office, for appellant.

Leslie Isherwood and Kristi L. Barton, assistant district attorneys, Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, for appellee.

Before BUSER, P.J., GREEN and MARQUARDT, JJ.

GREEN, J.

Demetrius Birth appeals his jury trial convictions and sentences for aggravated burglary and robbery. First, Birth argues that the admission of hearsay statements of a witness who was not called by the State to testify at trial violated his right to confrontation under the Sixth Amendment to the United States Constitution. Nevertheless, under State v. Fisher, 283 Kan. ___, 154 P.3d 455

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