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STATE v. YRIGOLLA

Nos. 97,899, 97,900.

175 P.3d 276 (2008)

STATE of Kansas, Appellee, v. Daniel YRIGOLLA, Appellant. State of Kansas, Appellee, v. Lawrence E. Ortiz, Jr., Appellant.

Court of Appeals of Kansas.

January 25, 2008.

Attorney(s) appearing for the Case

William K. Rork, Kenneth B. Miller, and Wendie C. Bryan, of Topeka, for appellants.

Norbert C. Marek, Jr., county attorney, and Paul J. Morrison, attorney general, for appellee.

Before CAPLINGER, P.J., ELLIOTT and LEBEN, JJ.

ELLIOTT, J.

Daniel Yrigolla and Lawrence E. Ortiz, Jr., appeal the trial court's order denying their motions to expunge their arrest records. Both defendants claim the trial court erred in ruling K.S.A.2006 Supp. 21-4619(b), containing a 5-year waiting period for filing a petition for expungement, applied to their cases instead of K.S.A.2006 Supp. 22-2410 which has no waiting period. We affirm.

The trial court ruled K.S.A.2006 Supp. 21-4619(b) applied because...

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