Cross References to Related Sections:

Use of force in resisting arrest, see 21-3217.

Attorney General's Opinions:

Community correctional officer is not a "law enforcement officer" under private investigative or security operations act. 98-27.

Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39.

CASE ANNOTATIONS

1. Conviction hereunder; alleged trial errors reviewed; no prejudicial error. State v. Hollaway, 214 Kan. 636, 640, 522 P.2d 364.

2. Detective wearing civilian clothing properly identified officer; consecutive sentences upheld. State v. Bradley, 215 Kan. 642, 643, 645, 646, 647, 527 P.2d 988.

3. Particular intent or state of mind not necessary element of crime proscribed by section; instruction on voluntary intoxication not required. State v. Farris, 218 Kan. 136, 141, 142, 143, 542 P.2d 725.

4. Evidence sufficient to sustain conviction under section. State v. Fennell, 218 Kan. 170, 175, 542 P.2d 686.

5. Conviction hereunder upheld; evidence sufficient; instructions not erroneous. State v. Clanton, 219 Kan. 531, 532, 548 P.2d 768.

6. Conviction hereunder affirmed; failure of trial court to advise of right to testify not error after accused consulted with counsel. State v. McKinney, 221 Kan. 691, 561 P.2d 432.

7. Record on appeal from conviction hereunder examined; no error. State v. Bailey, 223 Kan. 178, 573 P.2d 590.

8. Conviction hereunder affirmed; subsection (2) of K.S.A. 22-2905 construed; provisions directory rather than mandatory. State v. Turner, 223 Kan. 707, 576 P.2d 644.

9. Conviction hereunder and of other crimes and sentence under K.S.A. 21-4618 affirmed. State v. Hatch and Smith, 223 Kan. 783, 576 P.2d 687.

10. Use of firearm, loaded or unloaded, in committing offenses set out in this article requires mandatory sentence (K.S.A. 21-4618). State v. Deutscher, 225 Kan. 265, 267, 268, 270, 271, 589 P.2d 620.

11. Conviction reversed as to two counts; certain elements not present; assaults on law enforcement officers during one episode at different times are separate offenses. State v. Duncan, 3 Kan. App. 2d 271, 273, 275, 593 P.2d 427.

12. Information charging aggravated robbery was defective; firing gun at officer legally sufficient to satisfy requirements of aggravated assault on a law enforcement officer. State v. Howell & Taylor, 226 Kan. 511, 514, 515, 601 P.2d 1141.

13. Fleeing or attempting to elude a police officer is not a lesser included offense of aggravated assault on a law enforcement officer; judgment reversed. State v. Russell, 229 Kan. 124, 125, 126, 127, 622 P.2d 658.

14. Providing appointed counsel with pre-sentence report, with instruction defendant be allowed to read same, not error. State v. Grantom, 229 Kan. 517, 627 P.2d 499.

15. Loaded and operable air rifle found to be deadly weapon for purpose of conviction hereof. State v. Johnson, 8 Kan. App. 2d 368, 657 P.2d 1139 (1983).

16. Complaint reinstated; trial court erred in applying reasonable doubt test at preliminary hearing; evidence sufficient to support probable cause finding. State v. Hunter, 232 Kan. 853, 658 P.2d 1050 (1983).

17. Evidence sufficient to indicate officers, wearing civilian clothing while working under cover, were "properly identified" at time of assault. State v. Pondexter, 234 Kan. 208, 212, 671 P.2d 539 (1983).

18. Voluntary intoxication no defense; aiding and abetting may create specific intent requiring instruction. State v. Sterling, 235 Kan. 526, 529, 680 P.2d 301 (1984).

19. Defendant convicted hereunder; proceedings involving consolidation of criminal cases, evidence of prior convictions and defense of insanity. State v. Boan, 235 Kan. 800, 801, 804, 686 P.2d 160 (1984).

20. "Properly identified" law enforcement officer; considered in action involving law enforcement officer from another state while in hot pursuit. State v. Wood, 235 Kan. 915, 923, 686 P.2d 128 (1984).

21. Cited; "deadly weapon" construed, duty to instruct on lesser included offense (K.S.A. 21-3107) examined. State v. Adams, 12 Kan. App. 2d 191, 194, 737 P.2d 876 (1987).

22. Whether adoption (K.S.A. 59-2102) and child relinquishment (K.S.A. 38-127, 38-128) statutes construed in pari materia examined. In re Adoption of Baby Girl H, 12 Kan. App. 2d 223, 228, 739 P.2d 1 (1987).

23. Right to allocution, sentencing factors examined. State v. Webb, 242 Kan. 519, 748 P.2d 875 (1988).

24. Failure to allege essential elements of offense in information as voiding conviction thereof noted. Zapata v. State, 14 Kan. App. 2d 94, 97, 782 P.2d 1251 (1989).

25. Instructions on self-defense and lesser offenses, reasonableness of search, length of sentence examined. State v. Tyler, 251 Kan. 616, 619, 840 P.2d 413 (1992).

26. Admissibility of evidence negating specific intent, competency of evidence of collateral facts examined. State v. Friberg, 252 Kan. 141, 142, 843 P.2d 218 (1992).

27. Cited; law enforcement officer properly identified and in performance of official duty. State v. Lyne, 17 Kan. App. 2d 761, 766, 844 P.2d 734 (1992).

28. Issue of fact regarding whether officer had probable cause to arrest driver precluded summary judgment on immunity. Burgess v. West, 817 F. Supp. 1520, 1521, 1526 (1993).

29. Firing gun during aggravated assault not per se excessive brutality; sentencing departure not supported by substantial and compelling reason. State v. Eisele, 262 Kan. 80, 81, 86, 936 P.2d 742 (1997).

30. Consideration that scienter not element hereof relied on in determining merger doctrine not applicable to involuntary manslaughter (K.S.A. 21-3404(b)). State v. Ullard, 24 Kan. App. 2d 249, 255, 943 P.2d 947 (1997).

31. Aggravated assault of law enforcement officer only requires proof that defendant intentionally placed another person in reasonable apprehension of immediate bodily harm; specific intent not required; not reversible error for failing to give general intent instruction. State v. Eichman, 26 Kan. App. 2d 527, 530, 989 P.2d 795 (1999).

32. Cited in discussion of general intent crimes; court's response to jury question misstated intent element. State v. Hawkins, 40 Kan. App. 2d 10, 15, 188 P.3d 965 (2008).

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