STATE v. SALINES, 15 Kan. App. 2d 584 (1991)

811 P.2d 529

STATE OF KANSAS, Appellee, v. DAVID SALINAS, Appellant.

No. 65,320Court of Appeals of Kansas
June 21, 1991

ORDER

Following the filing of appellant’s motion for rehearing en banc[1] 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.”

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

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

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