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STATE v. TAPIA

No. 100,596.

214 P.3d 1211 (2009)

STATE of Kansas, Appellee, v. Alexander TAPIA, Appellant.

Court of Appeals of Kansas.

August 28, 2009.

Attorney(s) appearing for the Case

Heather Cessna, of Kansas Appellate Defender Office, for appellant.

Don L. Scott, county attorney, and Steve Six, attorney general, for appellee.

Before McANANY, P.J., PIERRON and MARQUARDT, JJ.

McANANY, J.

Alexander Tapia appeals his convictions for nonresidential burglary, vehicular burglary, and conspiracy to commit burglary. He claims the State's conspiracy charge against him was fatally defective and the district court erred in not giving the jury an accomplice instruction. He also claims his sentences violate the rule in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We find no reversible...

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