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STATE v. WASHINGTON

No. 102,521.

268 P.3d 475 (2012)

STATE of Kansas, Appellee, v. Montrez D. WASHINGTON, Appellant.

Supreme Court of Kansas.

January 20, 2012.

Attorney(s) appearing for the Case

Carl F.A. Maughan , of Maughan & Maughan, LC, of Wichita, argued the cause, and Bryan C. Hitchcock , of the same firm, was with him on the brief for appellant.

Lesley A. Isherwood , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by LUCKERT, J.:

Montrez D. Washington was charged with first-degree felony murder under K.S.A. 21-3401(b) and attempted aggravated robbery under K.S.A. 21-3301 and K.S.A. 21-3427. After a jury convicted Washington on both counts, he directly appeals. He contends that (1) insufficient evidence was presented at his preliminary hearing and (2) the Allen-type jury instruction given at his trial was clearly erroneous. We reject...

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