STATE v. GALYARDT

No. 102,635.

240 P.3d 619 (2010)

STATE of Kansas, Appellee, v. Robin Robert GALYARDT, Appellant.

Court of Appeals of Kansas.

October 8, 2010.


Attorney(s) appearing for the Case

Meryl Carver-Allmond , of Kansas Appellate Defender Office, for appellant.

Kenneth Van Blaricum , county attorney, and Steve Six , attorney general, for appellee.

Before MALONE, P.J., PIERRON, J., and BUKATY, S.J.


PIERRON, J.

Robin Robert Galyardt appeals his conviction for aggravated burglary. Galyardt argues the trial court erred in denying both his motions to suppress because the officer was out of his jurisdiction during the vehicle search and the eyewitness identification was impermissibly suggestive. He also contends the eyewitness instruction was outdated and clearly erroneous.

When Harold Windholtz went to work at the Barron Theatre in Pratt at 6 a.m. on June...

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