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STATE v. BARAJAS

No. 100,785.

230 P.3d 784 (2010)

STATE of Kansas, Appellee, v. Miguel BARAJAS, Appellant.

Court of Appeals of Kansas.

April 22, 2010.

Attorney(s) appearing for the Case

Christina M. Waugh, of Kansas Appellate Defender Office, for appellant.

Ramsey A. Olinger, legal intern, Steven J. Obermeier, assistant district attorney, Stephen M. Howe, district attorney, and Steve Six, attorney general, for appellee.

Before CAPLINGER, P.J., PIERRON and BUSER, JJ.

CAPLINGER, J.

Miguel Barajas appeals from the sentences imposed following his convictions of aggravated robbery and attempted aggravated robbery. He claims the district court erred in classifying his California conviction for driving under the influence (DUI) causing bodily injury, Cal. Vehicle Code § 23153(b) (West 2000), as a person felony based on a determination that it was comparable to the Kansas offense of aggravated battery, K.S.A. 21-3414.

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