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STATE v. WHETSTONE

No. 101,157.

229 P.3d 399 (2010)

STATE of Kansas, Appellee, v. Eric WHETSTONE, Appellant.

Court of Appeals of Kansas.

April 22, 2010.

Attorney(s) appearing for the Case

Michelle Davis, of Kansas Appellate Defender Office, for appellant.

Natalie Chalmers, assistant district attorney, Chadwick J. Taylor, district attorney, and Steve Six, attorney general, for appellee.

Before RULON, C.J., GREENE, J., and KNUDSON, S.J.

KNUDSON, S.J.

In this direct appeal after a jury trial, Eric Whetstone contends his convictions for two counts of criminal threat are multiplicitous. He further contends the district court committed prejudicial error in failing to give the jury a limiting instruction regarding other crimes evidence presented at trial.

We conclude: (1) Whetstone's convictions for criminal threat are multiplicitous; and (2) the K.S.A. 60-455 issue has not been preserved for...

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