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STATE v. JENKINS

No. 100,396.

284 P.3d 1037 (2012)

STATE of Kansas, Appellee, v. Kerry D. JENKINS, Appellant.

Supreme Court of Kansas.

September 7, 2012.

Attorney(s) appearing for the Case

Rick Kittel , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Julie A. Koon , 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 BILES, J.:

After Kerry Jenkins was convicted of misdemeanor theft in municipal court for violating a Wichita city ordinance, his conviction was vacated and he was charged with and convicted of felony theft in state district court for the same offense. Jenkins argues double jeopardy attached to the municipal court proceeding, so the State's felony theft prosecution is barred under the Double Jeopardy Clauses of the Fifth Amendment...

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