State v. McCurry

The opinion of the court was delivered by

Davis, J.

Johnny McCurry, Jr., was convicted of three counts of aggravated robbeiy and one count of kidnapping based on three separate cases which were consolidated for trial. The Court of Appeals reversed the kidnapping conviction and remanded for re-sentencing. State v. McCurry, No. 84,856, unpublished opinion filed November 16, 2001. The trial court imposed consecutive sentences; a 64-month sentence for each aggravated robbeiy for a controlling term of 192 months.

The Court of Appeals reversed, holding that the double rule in K.S.A. 2003 Supp.…