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STATE v. TONEY

No. 97,326.

187 P.3d 138 (2008)

STATE of Kansas, Appellee, v. Marcus D. TONEY, Appellant.

Court of Appeals of Kansas.

July 11, 2008.

Attorney(s) appearing for the Case

Monique K. Centeno, Lawrence W. Williamson, Jr., and Sean Shores, of Shores, Williamson and Ohaebosim, LLC, of Wichita, for appellant.

Kristi L. Barton, assistant district attorney, Nola Tedesco Foulston, district attorney, and Paul J. Morrison, attorney general, for appellee.

Before BUSER, P.J., MALONE and McANANY, JJ.

BUSER, P.J.

Marcus D. Toney appeals the denial of his motion to withdraw his plea. In part, Toney contends his court-appointed public defender had an actual conflict of interest at the hearing on the motion. According to Toney, this conflict arose because one of the grounds for his motion to withdraw plea was that his public defender (who also represented him at the hearing on the motion) failed to properly investigate his case prior to the plea. Toney contends his...

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