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STATE v. CRADDICK

No. 108,335.

311 P.3d 1157 (2013)

STATE of Kansas, Appellee, v. Timothy Wayne CRADDICK, Appellant.

Court of Appeals of Kansas.

November 1, 2013.

Attorney(s) appearing for the Case

Korey A. Kaul , of Kansas Appellate Defender Office, for appellant.

Patrick J. Hurley , assistant district attorney, Charles E. Branson , district attorney, and Derek Schmidt , attorney general, for appellee.

Before BRUNS, P.J, PIERRON and LEBEN, JJ.

PIERRON, J.

Timothy Wayne Craddick appeals his sentence for two counts of attempted aggravated assault. Craddick pointed his Ruger Airhawk pellet rifle at his victims and threatened to shoot them if they did not put his dog on the ground. The district court found that Craddick had committed his crimes with a firearm, which triggered a presumptive prison sentence under K.S.A. 2011 Supp. 21-6804(h). Craddick's pellet rifle was not a firearm under K.S.A. 2011 Supp. 21...

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