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State v. Salines

Court of Appeals of Kansas
Jun 21, 1991
811 P.2d 529 (Kan. Ct. App. 1991)

Opinion

No. 65,320

June 21, 1991

ORDER


Following the filing of appellant's motion for rehearing en banc on June 3, 1991, this panel, on its own motion, reconsiders the majority opinion filed May 24, 1991, which did not address the trial court's failure to consider K.S.A. 1989 Supp. 21-4606b because that issue was not raised on appeal. After reconsideration, this panel adopts Judge Brazil's dissent to the extent that the dissent finds "that K.S.A. 1989 Supp. 21-4606b, presumptive sentence of assignment to a community service program, would apply."

REPORTER'S NOTE: The motion for rehearing en banc was denied by the Court of Appeals June 21, 1991.

We remand for resentencing with directions that the court consider K.S.A. 1989 Supp. 21-4606b.

DATED: June 21, 1991.

FOR THE COURT /s/ _________________________ ROBERT E. DAVIS, Judge


Summaries of

State v. Salines

Court of Appeals of Kansas
Jun 21, 1991
811 P.2d 529 (Kan. Ct. App. 1991)
Case details for

State v. Salines

Case Details

Full title:STATE OF KANSAS, Appellee, v. DAVID SALINAS, Appellant

Court:Court of Appeals of Kansas

Date published: Jun 21, 1991

Citations

811 P.2d 529 (Kan. Ct. App. 1991)
15 Kan. App. 2