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STATE v. O'NEAL

No. 70,727

256 Kan. 909 (1995)

STATE OF KANSAS, Appellee, v. MICHAEL L. O'NEAL, Appellant.

Supreme Court of Kansas.

Opinion filed January 27, 1995.

Attorney(s) appearing for the Case

Charles A. O'Hara, of O'Hara, O'Hara & Tousley, of Wichita, argued the cause and was on the brief for the appellant.

David Lowden, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for the appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is an appeal by the defendant, Michael L. O'Neal, from the denial of a motion to modify sentence. This case is now entering its 11th year since the defendant was convicted by a jury and sentenced for one count of rape (K.S.A. 21-3502[a]) and one count of aggravated criminal sodomy (K.S.A. 21-3506[c][i]).

This appeal arrived here as follows. After the defendant was sentenced pursuant to the...

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