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STATE v. MITCHELL

No. 98,512.

179 P.3d 394 (2008)

STATE of Kansas, Appellant, v. Mario Larenzo MITCHELL, Appellee.

Supreme Court of Kansas.

March 28, 2008.

Attorney(s) appearing for the Case

Edmond D. Brancart, deputy district attorney, argued the cause, and Jerome A. Gorman, district attorney, and Paul J. Morrison, attorney general, were with him on the brief for appellant.

William P. Mahoney, of Kansas City, argued the cause and was on the brief for appellee.

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

The State brings an interlocutory appeal in this criminal proceeding, questioning the district court's decision regarding a stipulation to a prior offense. The prior offense was a necessary element to establish that defendant Mario Larenzo Mitchell illegally possessed a firearm in violation of K.S.A. 21-4204(a)(2).

Mitchell was charged with one count of first-degree...

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