Rick Kittel, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him
on the brief for appellant. Rachelle Worrall Smith, assistant district attorney, argued the cause, and Julie Wright Connolly,
assistant district attorney, Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were with her on the
brief for appellee.