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FISCHER v. STATE

No. 100,248.

206 P.3d 13 (2009)

Craig Alan FISCHER, Appellant, v. STATE of Kansas, Appellee.

Court of Appeals of Kansas.

April 17, 2009.

Attorney(s) appearing for the Case

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

Jared S. Maag, deputy solicitor general, and Stephen N. Six, attorney general, for appellee.

Before GREENE, P.J., GREEN and LEBEN, JJ.

GREENE, J.

Craig Alan Fischer appeals the district court's denial of his K.S.A. 60-1507 motion, arguing that he was prejudiced by not being present for an evidentiary hearing on his motion. We agree, vacate the district court's order, and remand for an evidentiary hearing with Fischer present.

Factual and Procedural Background

In March 2001, Fischer was convicted after a jury trial of attempted...

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