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STATE v. SCOVILLE

No. 96,405.

188 P.3d 959 (2008)

STATE of Kansas, Appellee, v. Antone J. SCOVILLE, Appellant.

Supreme Court of Kansas.

August 1, 2008.

Attorney(s) appearing for the Case

Michelle A. Davis, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Daryl E. Hawkins, assistant county attorney, argued the cause, and Phill Kline, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

LUCKERT, J.:

Antone J. Scoville appeals out of time from his sentence of 120 months' imprisonment for his 2003 conviction of manufacture of methamphetamine, arguing that his untimely appeal should be heard due to an exception under State v. Ortiz, 230 Kan. 733, 640 P.2d 1255 (1982), and that he is entitled to resentencing under State v. McAdam...

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