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STATE v. GAUDINA

No. 95,854.

160 P.3d 854 (2007)

STATE of Kansas, Appellee, v. Robert J. GAUDINA, Appellant.

Supreme Court of Kansas.

June 22, 2007.

Attorney(s) appearing for the Case

Stephen B. Chapman, of Olathe, was on the brief for appellant.

Steven J. Obermeier, assistant district attorney, argued the cause, and Paul J. Morrison, district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.

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

This case raises the question of whether time spent in prison beyond the prison term can reduce the term of postrelease supervision. The question arises after Robert Gaudina's sentence was vacated on appeal and the prison term imposed on remand was for a shorter time than the time Gaudina had already served. Gaudina seeks to credit that excess period of imprisonment against the postrelease supervision portion...

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