Legal Opinion

State v. Maggard

Court of Appeals of Kansas

Decided February 20, 1998No. 76,951PublishedCited by 3 opinions

1Opinion of the Court

Penland, J.:

Russell Maggard challenges the sentence imposed by the district court pursuant to the Habitual Criminal Act (HCA).

On January 9, 1991, Maggard was convicted of two counts of arson for acts committed in 1988. The district court sentenced him to two consecutive terms of 5 to 10 years. The court then enhanced Maggard’s sentences to two consecutive prison terms of 10 to 20 years, pursuant to the HCA.

On appeal, this court reversed Maggard’s sentences and remanded for resentencing. In State v. Maggard, 16 Kan. App. 2d 743, 756, 829 P.2d 591, rev. denied 251 Kan. 941 (1992), we ruled that…

2Cases cited19 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. United States v. DiFrancescoSupreme Court of the United States · 1980
  4. Bullington v. MissouriSupreme Court of the United States · 1981
  5. Charles Edwin Bullard v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982

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3Cited by3 opinions

  1. Maggard v. GammonDistrict Court, D. Kansas · 2002
  2. State v. LackeySupreme Court of Kansas · 2005
  3. Student Loan Marketing Ass'n ex rel. Servicing Agent, Sallie Mae Servicing, L.P. v. HollisCourt of Appeals of Kansas · 2005

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