State v. Clements

1 Citing brief

  1. Grundstein v. Vermont Board of Bar Examiners

    MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Permanent Injunction

    Filed May 1, 2017

    the decision as to which penalty to seek cannot be a matter of prosecutorial 29 whimsy in charging." State v. Clements, 734 P .2d 1096, 1100 (Kan. 1987). Thus, where 30 statutes define "identical offenses, a defendant can only be sentenced under the lesser penalty."