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TOLEN v. STATE

No. 95,106.

176 P.3d 170 (2008)

Garnet C. TOLEN, Jr., Appellant, v. STATE of Kansas, Appellee.

Supreme Court of Kansas.

February 1, 2008.

Attorney(s) appearing for the Case

Michael S. Holland, II, of Holland and Holland, of Russell, argued the cause, and Michael S. Holland, of the same firm, was with him on the brief for appellant.

B. Christine Trocheck, assistant county attorney, argued the cause, and Ellen Mitchell, county attorney, and Paul J. Morrison, attorney general, were with her on the brief for the appellee.

The opinion of the court was "delivered by ROSEN, J.:

Garnet Tolen appeals the dismissal of his K.S.A. 60-1507 motion for failing to file it within the 1-year statutory limit. Tolen was convicted of rape and aggravated criminal sodomy in February 1999. He filed a direct appeal to the Court of Appeals, and his convictions were affirmed. State v. Tolen, No. 84,058, 40 P.3d 341, unpublished opinion filed January 11, 2002. This court denied his petition for review...

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