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STATE v. MORNINGSTAR

No. 103,433.

329 P.3d 1093 (2014)

STATE of Kansas, Appellee, v. Gary Lee MORNINGSTAR, Jr., Appellant.

Supreme Court of Kansas.

July 18, 2014.

Attorney(s) appearing for the Case

Elaine M. Esparza, of Harper, argued the cause, and Kerwin L. Spencer, of Wellington, was on the briefs for appellant, and Gary Lee Morningstar, Jr., appellant pro se, was on a supplemental brief.

Matthew B. Metcalf , acting county attorney, argued the cause, and Evan C. Watson , county attorney, and Derek Schmidt , attorney general, were on the brief for appellee.

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

This appeal concerns a consecutive sentence ordered after an appellate remand in a multiple-conviction case. See State v. Morningstar, 289 Kan. 488, 495, 213 P.3d 1045 (2009) (Morningstar I). The Court of Appeals dismissed the appeal because it determined it was without jurisdiction because the new sentence was within the presumptive range under the Kansas Sentencing...

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