Esters v. State

Swinehart, J.:

This appeal emanates from the August 14, 1976, fatal shooting of one Virgil E. Riley. Harry A. Esters, appellant, plead nolo contendere to a charge of involuntary manslaughter stemming from the slaying.

Following conviction on the plea, a presentence report was prepared which, we are told, was favorable to appellant. Because of the presentence report, appellant moved the trial court to suspend sentence or grant probation. The court denied appellant’s motion and imposed sentence of one to five years pursuant to K.S.A. 21-4501(e). Appellant immediately filed notice of appeal and…