eBook details
- Title: State v. Rinck
- Author : Supreme Court of Kansas
- Release Date : January 09, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The opinion of the court was delivered by This is the second time this case has been before us. In State v. Rinck, 256 Kan. 848, 888 P.2d 845 (1995), after concluding that the defendant's conviction for aggravated battery was multiplicitous with his aggravated robbery conviction, we reversed his aggravated battery conviction, vacated his sentences, and remanded for resentencing on the charges of aggravated robbery and aggravated burglary. This is the defendant's appeal from the new sentences imposed. He contends (1) he was denied due process because his sentences for the same conviction upon remand were more severe than the punishment originally imposed and (2) the court erred in its application of the Habitual Criminal Act, K.S.A. 1992 Supp. 21-4504. We agree, vacate the sentences imposed, and remand again for resentencing in accord with this opinion. The facts are not in dispute. Briefly, the charges against the defendant arise from an incident in which the defendant and two juvenile accomplices burglarized the residence of an 82-year-old