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STATE v. GARCIA

No. 99,997.

207 P.3d 251 (2009)

STATE of Kansas, Appellee, v. Ray F. GARCIA, Appellant.

Supreme Court of Kansas.

May 22, 2009.

Attorney(s) appearing for the Case

Meryl Carver-Allmond, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Boyd K. Isherwood, assistant district attorney, argued the cause and was on the brief for appellee.

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

This court affirmed Ray Garcia's conviction for felony murder with rape or attempted rape as the underlying felony, but reversed his separate rape conviction and remanded with directions to vacate his rape sentence. State v. Garcia, 285 Kan. 1, 169 P.3d 1069 (2007). Garcia essentially argues that on remand the district court inappropriately...

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