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STATE v. DAWS

No. 108,716.

368 P.3d 1074 (2016)

STATE of Kansas, Appellee, v. Michael C. DAWS, Appellant.

Supreme Court of Kansas.

February 19, 2016.

Attorney(s) appearing for the Case

Peter Maharry , of Kansas Appellate Defender Office, argued the cause, and Lydia Krebs , of the same office, was on the brief for appellant.

Edmond D. Brancart , chief deputy district attorney, argued the cause, and Christopher Mann , assistant district attorney, Jerome A. Gorman , district attorney, and Derek Schmidt , attorney general, were on the brief for appellee.

There are two ways of committing aggravated burglary under K.S.A. 2015 Supp. 21-5807(b): a person can either "enter into" or "remain within" the dwelling. Michael C. Daws was convicted of aggravated burglary after a homeowner returned to discover the front door kicked in and Daws inside. The jury...

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