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STATE v. JABEN

No. 102,383.

277 P.3d 417 (2012)

STATE of Kansas, Appellant, v. Allen F. JABEN, Appellee.

Supreme Court of Kansas.

June 1, 2012.

Attorney(s) appearing for the Case

Steven J. Obermeier , assistant district attorney, argued the cause, and Stephen M. Howe , district attorney, and Steve Six , attorney general, were with him on the brief for appellant.

William K. Rork , of Rork Law Office, of Topeka, argued the cause, and Wendie C. Bryan , of the same firm, was with him on the brief for appellee.

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

In this State appeal of a question reserved pursuant to K.S.A. 22-3602(b)(3), the State contends the district court erred in expunging Allen F. Jaben's 1977 convictions for attempted rape, rape, aggravated sodomy, aggravated kidnapping, and aggravated battery. The State urges us to find that the district court should have applied the expungement statute in effect at the time Jaben filed his expungement petition...

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