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STATE v. PENNINGTON

No. 100,278.

227 P.3d 978 (2010)

STATE of Kansas, Appellee, v. Randall PENNINGTON, Appellant.

Court of Appeals of Kansas.

March 26, 2010.

Attorney(s) appearing for the Case

Matthew J. Edge, of Kansas Appellate Defender Office, for appellant.

Casey Meyer, assistant district attorney, Jerome A. Gorman, district attorney, and Steve Six, attorney general, for appellee.

Before McANANY, P.J., GREEN and MALONE, JJ.

GREEN, J.

Randall Pennington appeals from a jury conviction of second-degree intentional murder. Pennington raises five issues on appeal. First, he argues that his statutory speedy trial rights were violated. We disagree. Although the trial court erred when it failed to reschedule Pennington's trial within the 90-day period under K.S.A. 22-3402(3), Pennington had previously waived his statutory speedy trial rights. In addition, he acquiesced in the continuance which...

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