Source or Prior Law:

21-430, 21-431, 21-434, 21-435.

Law Review and Bar Journal References:

Discussed in relation to K.S.A. 21-3107 (3) in "The Doctrine of Lesser Included Offenses in Kansas," Kay Adam, Helen Packard Dupre, 15 W.L.J. 40, 50 (1976).

"Reform in Kansas Domestic Violence Legislation," David J. Gottlieb and L. Eric Johnson, 31 K.L.R. 527, 536, 537 (1983).

"Survey of Kansas Law: Criminal Law," Robert A. Wason, 32 K.L.R. 395, 413 (1984).

"Corporate Criminal Liability for Injuries and Death," Patrick Hamilton, 40 K.L.R. 1091, 1105 (1992).

"The Worst of Both Worlds: How the Kansas Sentencing Guidelines Have Abandoned Juveniles in the Name of 'Justice'," William T. Stetzer, 35 W.L.J. 308 (1996).

"Family Law: Under the Kansas Protection from Abuse Act, Petitioner for Protective Order Alleging Injury from Wanton Conduct Must Prove Substantial Pain or Impairment [Paida v. Leach, 917 P.2d 1342 (Kan. 1996)]," Brenda Clary, 36 W.L.J. 290 (1997).

Survey of Recent Cases, 46 K.L.R. 896 (1998).

"Does Public Access to Sex Offender Registration Information Under the Kansas Sex Offender Registration Act Constitute Cruel and Unusual Punishment? [State v. Scott, 961 P.2d 667 (Kan.1998)]," Marti Paulsen, 38 W.L.J. 727 (1999).

"Criminal Procedure Survey of Recent Cases," 54 K.L.R. 895 (2006).

"Settlements & Verdicts," Robin Maxon, J.K.T.L.A. Vol. 29, No. 5, 12 (2006).

Attorney General's Opinions:

Assault; battery; prosecution for intentional exposure to HIV. 92-29.

Crime victims compensation board; definitions; criminally injurious conduct; use of motor vehicle. 94-41.

Domestic battery; age requirement. 1998-34.

CASE ANNOTATIONS

1. Defendant charged hereunder; found guilty of lesser included offense; no error found in K.S.A. 60-1507 action. Kirtdoll v. State, 209 Kan. 508, 496 P.2d 1396.

2. Conviction hereunder upheld; circumstances clearly support inference that defendant aided and abetted. State v. Edwards, 209 Kan. 681, 683, 498 P.2d 48.

3. Conviction hereunder reversed; error in failing to instruct on lesser included offense of battery and to qualify presumption of intent. State v. Warbritton, 211 Kan. 506, 508, 506 P.2d 1152.

4. Where evidence on intoxication tends to show defendant incapable of forming requisite intent, lesser included offense instruction must be given. State v. Seely, 212 Kan. 195, 203, 510 P.2d 115.

5. Conviction hereunder; new trial granted for failure to properly charge defendant on second count. State v. Pruett, 213 Kan. 41, 42, 51, 515 P.2d 1051.

6. Assault in federal penitentiary; Assimilative Crimes Act has no application if act is made penal under federal statutes. United States v. Patmore, 475 F.2d 753.

7. Conviction hereunder and under K.S.A. 21-3427; record reviewed; no reversible error. State v. Smith, 215 Kan. 34, 35, 36, 523 P.2d 691.

8. Conviction hereunder upheld; no reversible error. State v. Warbritton, 215 Kan. 534, 527 P.2d 1050.

9. Conviction hereunder upheld; instructions proper. State v. McMillan, 217 Kan. 633, 538 P.2d 683.

10. Acts constituting aggravated battery against kidnap victim made kidnapping "aggravated"; instructions proper. State v. Taylor, 217 Kan. 706, 715, 538 P.2d 1375.

11. Referred to in determining intent not necessary element of crime proscribed by K.S.A. 21-3411. State v. Farris, 218 Kan. 136, 140, 542 P.2d 725.

12. Deliberate shooting with intent to injure, unless justified, at least felonious aggravated assault; instruction of manslaughter erroneously given. State v. Gregory, 218 Kan. 180, 185, 542 P.2d 1051.

13. Alleged errors examined after conviction hereunder and conviction upheld. State v. Arney, 218 Kan. 369, 544 P.2d 334.

14. Conviction hereunder upheld; testimony and physical evidence properly allowed. State v. Steward, 219 Kan. 256, 257, 547 P.2d 773.

15. Specifications of error from conviction hereunder reviewed; conviction upheld. State v. Henry, 219 Kan. 310, 548 P.2d 808.

16. Record reviewed from convictions of murder, aggravated battery and rape; no error found. State v. King, 219 Kan. 508, 548 P.2d 803.

17. Conviction hereunder and of aggravated robbery reviewed; affirmed. State v. Stewart, 219 Kan. 523, 548 P.2d 787.

18. Record examined on appeal from conviction hereunder; conviction upheld. State v. Stewart, 219 Kan. 523, 548 P.2d 787.

19. Conviction hereunder supported by evidence; instructions proper. State v. Duckworth, 219 Kan. 619, 549 P.2d 554.

20. Record examined on appeal from conviction hereunder; no error. State v. Thomas, 220 Kan. 104, 108, 551 P.2d 873.

21. Conviction hereunder and of other crimes; record examined; no reversible error. State v. Lewis, 220 Kan. 791, 556 P.2d 888.

22. Mentioned; intent requirements of K.S.A. 21-3431 declared unconstitutional; impermissibly vague. State v. Kirby, 221 Kan. 1, 5, 563 P.2d 408.

23. Aggravated battery and aggravated weapons violations convictions; no trial errors justifying new trial. State v. Wright, 221 Kan. 132, 133, 137, 141, 557 P.2d 1267.

24. Conviction hereunder affirmed; evidence supported conviction. State v. Smolin, 221 Kan. 149, 150, 557 P.2d 1241.

25. Conviction hereunder in prosecution for first degree murder; not error to fail to instruct on involuntary manslaughter and battery. State v. Franklin, 221 Kan. 739, 744, 561 P.2d 860.

26. Conviction hereunder upheld; amendments to complaints and use of disjunctive in complaints discussed. State v. Woods, 222 Kan. 179, 181, 182, 183, 563 P.2d 1061.

27. Conviction hereunder affirmed; substitution of alternate juror for excused juror upheld; rule stated. State v. Bircher, 2 Kan. App. 2d 15, 573 P.2d 1128.

28. Definition used in this section not unconstitutionally vague and indefinite; conviction affirmed. State v. Kleber, 2 Kan. App. 2d 115, 118, 119, 575 P.2d 900.

29. Section applied; conviction upheld. State v. Ferris, 222 Kan. 515, 517, 565 P.2d 275.

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

31. Conviction of aggravated battery and other crimes affirmed on appeal; alleged trial court errors reviewed. State v. Gilder, 223 Kan. 220, 221, 574 P.2d 196.

32. Aggravated battery not a lesser included offense of crime of attempted murder; conviction reversed. State v. Daniels, 223 Kan. 266, 267, 271, 573 P.2d 607.

33. Judgment affirmed on review of convictions hereunder; no reversible error. State v. Sanders, 223 Kan. 550, 552, 575 P.2d 533.

34. Conviction affirmed; waiver of right to silence; jury instruction of opening argument not prejudicial error. State v. Singleton, 223 Kan. 559, 575 P.2d 540.

35. New trial granted to defendant; instruction confusing and prejudicial. State v. Wilson, 223 Kan. 563, 565, 575 P.2d 32.

36. Alleged errors in conviction hereunder reviewed; conviction affirmed. State v. Sanders, 224 Kan. 138, 578 P.2d 702.

37. Record examined on appeal from conviction hereunder and of other crimes; judgment affirmed. State v. Soles, 224 Kan. 698, 585 P.2d 1032.

38. Conviction hereunder affirmed. State v. Sanders, 225 Kan. 156, 587 P.2d 906.

39. Conviction affirmed; jury selection proper; evidence sufficient. State v. Ekis, 2 Kan. App. 2d 658, 586 P.2d 288.

40. Proffered evidence inadmissible under business records exception to hearsay; conviction affirmed. State v. Davis, 2 Kan. App. 2d 698, 587 P.2d 3.

41. Conviction hereunder; validity of consent to search not abrogated by inability to read; right to object to unauthorized search of motel room forfeited by abandonment of premises. State v. Chiles, 226 Kan. 140, 595 P.2d 1130.

42. Conviction affirmed; defendant received effective assistance of counsel; sentencing of defendant proper. State v. Rice, 227 Kan. 416, 417, 607 P.2d 489.

43. Under evidence, no error in refusal to instruct on lesser included offense of battery. State v. Lomax & Williams, 227 Kan. 651, 608 P.2d 959.

44. Conviction hereunder upheld; mandatory sentencing under K.S.A. 21-4618 considered and applied. State v. Thompson, 3 Kan. App. 2d 426, 431, 596 P.2d 174.

45. Writ of habeas corpus granted; implied acquittal of charge hereunder when lessor included offense conviction vacated; abuse of child prosecution based on acts proved in former prosecution barred by K.S.A. 21-3108(2)(a). In re Berkowitz, 3 Kan. App. 2d 726, 728, 602 P.2d 99.

46. Conviction under this section reversed; not reasonably forseeable as a probable consequence of committing misdemeanor theft. State v. Davis, 4 Kan. App. 2d 210, 604 P.2d 68.

47. Cited; change of venue denied; determination within sound discretion of trial court and will not be disturbed without showing prejudice to substantial rights of defendant. State v. Allen, 4 Kan. App. 2d 534, 609 P.2d 219.

48. Doctrine of transferred intent applied when by-stander injured by bullet. State v. Stringfield, 4 Kan. App. 2d 559, 560, 561, 608 P.2d 1041.

49. Conviction upheld; fact that counsel is limited to certain fee is not sufficient to show ineffectiveness. State v. Allen, 5 Kan. App. 2d 31, 611 P.2d 605.

50. Not error to refuse instruction in self-defense by person attempting to commit or committing forcible felony. State v. Purdy, 228 Kan. 264, 273, 615 P.2d 131.

51. "Multiplicity" defined; single offense may not be divided into separate parts. State v. Garnes, 229 Kan. 368, 624 P.2d 448.

52. Providing appointed counsel with pre-sentence report, with instruction defendant be allowed to read same, not error. State v. Grantom, 229 Kan. 517, 625 P.2d 499.

53. M'Naghten rule adhered to. State v. Rouse, 229 Kan. 600, 629 P.2d 167 (1981).

54. Prejudicial error for trial court to castigate defense counsel in front of jury. State v. Behler, 230 Kan. 278, 634 P.2d 1071 (1981).

55. Battery or aggravated battery not lesser included crimes of robbery or aggravated robbery so as to require an instruction thereon. State v. Warwick, 232 Kan. 232, 235, 654 P.2d 403 (1982).

56. Phrase "application of force with intent to injure" construed. State v. Smith, 232 Kan. 284, 288, 654 P.2d 929 (1982).

57. Various alleged evidentiary and procedural errors considered. State v. Diaz & Altemay, 232 Kan. 307, 308, 654 P.2d 425 (1982).

58. No merger of related offenses; defendant bound victim at gunpoint and later stabbed victim. State v. Bourne, 233 Kan. 166, 660 P.2d 565 (1983).

59. Purpose and conduct of preliminary hearing considered; conflict of testimony; test to be applied. State v. Jones, 233 Kan. 170, 660 P.2d 965 (1983).

60. Court properly combined post-arraignment time of first prosecution and post-arraignment time of second prosecution. State v. Ransom, 233 Kan. 185, 661 P.2d 392 (1983).

61. Cited in holding trial court abused discretion by excluding alibi witnesses without adequate inquiry and consideration of surrounding circumstances. State v. Douglas, 8 Kan. App. 2d 754, 667 P.2d 898 (1983).

62. Cited in determining defendant's standing to challenge legality of search and seizure. State v. Worrell, 233 Kan. 968, 969, 971, 666 P.2d 703 (1983).

63. Cited in holding instruction on aiding and abetting including other than intended crime proper under evidence. State v. Hobson, 234 Kan. 133, 157, 671 P.2d 1365 (1983).

64. Cited in holding robbery statutes K.S.A. 21-3426, 21-3427) not unconstitutionally vague. State v. Gomez, 234 Kan. 447, 453, 673 P.2d 1160 (1983).

65. Trial judge must use sound discretion on motions for late disclosure and endorsement of witnesses. State v. Douglas, 234 Kan. 605, 675 P.2d 358 (1984).

66. Convictions of aggravated battery and terroristic threats not multiplicitous with aggravated kidnapping under circumstances. State v. Dubish, 234 Kan. 708, 717, 675 P.2d 877 (1984).

67. Testimony under K.S.A. 60-456 (opinion evidence) and 60-445 (probative value) by attorney for state's witness discussed. State v. Richard, 235 Kan. 355, 356, 681 P.2d 612 (1984).

68. Limitation on cross examination of witness and admissibility of extrajudicial statements of defendant; psychiatric examination in insanity defense. State v. Brown, 235 Kan. 688, 690, 681 P.2d 1071 (1984).

69. Where single overt act occurred, convictions hereunder and of attempted murder (K.S.A. 21-3401) multiplicitous; charge set aside. State v. Turbeville, 235 Kan. 993, 995, 686 P.2d 138 (1984).

70. No error in refusing instruction on simple battery where uncontroverted evidence indicated knife (deadly weapon) used. State v. Hanks, 236 Kan. 524, 537, 694 P.2d 407 (1985).

71. Behavior and comments of defendant during arrest admitted as part of res gestae. State v. Davis, 236 Kan. 538, 539, 694 P.2d 418 (1985).

72. Penalties imposed under K.S.A. 21-4618 and section construed. State v. Keeley, 236 Kan. 555, 560, 694 P.2d 422 (1985).

73. Effects of voluntary intoxication instruction, testimony of witness following unintentional violation of sequestration order. State v. Johns, 237 Kan. 402, 699 P.2d 538 (1985).

74. Refusal to order psychiatric examination for, and use of videotaped deposition of, victim discussed. State v. Wooldridge, 237 Kan. 737, 703 P.2d 1375 (1985).

75. Res gestae evidence, inconsistent jury verdicts, trial court response to jury questions during deliberations discussed. State v. Peck, 237 Kan. 756, 703 P.2d 781 (1985).

76. Bailiff's ex parte communication with deliberating jury quashing juror subpoenas, questioning juror without defendant, supplemental instructions discussed. State v. Lovely, 237 Kan. 838, 703 P.2d 828 (1985).

77. Factors relevant to imposition of insanity defense sua sponte discussed. State v. Rambo, 10 Kan. App. 2d 418, 699 P.2d 542 (1985).

78. Evidence of prior acts (independent of K.S.A. 60-455) between defendant and estranged wife discussed. State v. Mogenson, 10 Kan. App. 2d 470, 701 P.2d 1339 (1985).

79. K.S.A. 60-1507 hearing denied where facts previously determined in post-conviction hearing from which no appeal taken. Palmer v. State, 10 Kan. App. 2d 656, 657, 707 P.2d 1091 (1985).

80. Consolidation of trials, introduction of corrected report by state without informing defense discussed. State v. Lewis, 238 Kan. 94, 708 P.2d 196 (1985).

81. Proceeding under K.S.A. 60-1507; sentencing court's specifying amount of restitution owed for parole or probation purposes (K.S.A. 22-3717) examined. Tucker v. State, 11 Kan. App. 2d 51, 52, 711 P.2d 1343 (1986).

82. Doberman pinschers may be used in manner to inflict great bodily harm; phrase "in any manner" not unconstitutionally vague. State v. Bowers, 239 Kan. 417, 425, 426, 721 P.2d 268 (1986).

83. Speedy trial, justices qualified on rehearing, hearsay statements, incriminating statements, witness sequestration, new evidence examined. State v. Ransom, 239 Kan. 594, 722 P.2d 540 (1986).

84. Interjection of trial judge into trial proceedings examined. State v. Hamilton, 240 Kan. 539, 540, 731 P.2d 863 (1987).

85. Multiplicity of crimes, defendant's inquisition statements, absent witness' statements, instructions on consciousness of guilt examined. State v. Cathey, 241 Kan. 715, 716, 741 P.2d 738 (1987).

86. "Deadly weapon" construed, evidence sufficient to show use of firearm examined. State v. Adams, 12 Kan. App. 2d 191, 737 P.2d 876 (1987).

87. Cited; aggravated assault (K.S.A. 21-3410) as not a lesser included offense (K.S.A. 21-3107) of attempted (K.S.A. 21-3301) second degree murder (K.S.A. 21-3402) noted. State v. Daniels, 12 Kan. App. 2d 479, 482, 753 P.2d 300 (1987).

88. Discharge of juror after empaneling and selection of alternate or additional jurors (K.S.A. 22-3412) examined. State v. Helms, 242 Kan. 511, 748 P.2d 425 (1988).

89. Prior crimes instruction, jury requests for information, venue examined. State v. Redford, 242 Kan. 658, 659, 750 P.2d 1013 (1988).

90. Not multiplicious with aggravated robbery (K.S.A. 21-3414); exploitation of defendant's silence after Miranda warnings as violation of due process examined. State v. Higgins, 243 Kan. 48, 54, 755 P.2d 12 (1988).

91. Cited; doctrine of merger examined; convictions of felony murder (K.S.A. 21-3401) and child abuse (K.S.A. 21-3609) reversed. State v. Lucas, 243 Kan. 462, 471, 759 P.2d 90 (1988).

92. Conviction affirmed; amendment of complaint, information or indictment before verdict or finding, admission of incriminating statements examined. State v. Rasch, 243 Kan. 495, 758 P.2d 214 (1988).

93. Aggravated battery resulting in death cannot serve as collateral felony for felony-murder (K.S.A. 21-3401) purposes. State v. Prouse, 244 Kan. 292, 297, 767 P.2d 1308 (1989).

94. Defendant's attempted impeachment of testimony of prosecution witness; imposition of more severe sentence following second trial; instruction on multiple counts examined. State v. Macomber, 244 Kan. 396, 769 P.2d 621 (1989).

95. Identification upon return to crime scene, definitions of "dangerous weapon" and "deadly weapon," instruction on simple battery examined. State v. Colbert, 244 Kan. 422, 769 P.2d 1168 (1989).

96. Rules for admission in evidence of declarations against interest (K.S.A. 60-460(j)) restated and applied. State v. Jackson, 244 Kan. 621, 772 P.2d 747 (1989).

97. Alibi (K.S.A. 22-3218) and insanity (K.S.A. 22-3219) as only circumstances requiring notice of intended defense examined; voluntary intoxication (K.S.A. 21-3208) distinguished. In re Habeas Corpus Petition of Mason, 245 Kan. 111, 112, 775 P.2d 179 (1989).

98. Failure to instruct on battery (K.S.A. 21-3412) examined; child abuse (K.S.A. 21-3609) as separate rather than lesser included crime determined. State v. Young, 14 Kan. App. 2d 21, 27, 31, 784 P.2d 366 (1989).

99. Exculpatory evidence, prior crime evidence, multiplicitous charges, sufficiency of evidence, eyewitness identification instruction, sentence enhancement examined. State v. Smith, 245 Kan. 381, 383, 781 P.2d 666 (1989).

100. Right to Miranda warning and counsel during custodial interrogation, right against self-incrimination, parole status evidence, murder statute examined. State v. Hartfield, 245 Kan. 431, 432, 781 P.2d 1050 (1989).

101. Prosecution as adult, doctrine of self-defense, controlling sentence examined. State v. Meyers, 245 Kan. 471, 781 P.2d 700 (1989).

102. Nolo contendere plea to underlying charge as constituting waiver of statute of limitations defense (K.S.A. 21-3106) determined. Lowe v. State, 14 Kan. App. 2d 119, 783 P.2d 1313 (1990).

103. Defendant's right to counsel at hearing on motion to modify sentence (K.S.A. 21-4603(3)) determined. State v. Pierce, 246 Kan. 183, 184, 787 P.2d 1189 (1990).

104. Facts indicating investigatory interrogation rather than custodial interrogation requiring Miranda warning examined. State v. Jones, 246 Kan. 214, 787 P.2d 726 (1990).

105. Nolo contendere plea to underlying charge as constituting waiver of statute of limitations defense (K.S.A. 21-3106) determined. Lowe v. State, 14 Kan. App. 2d 214, 119, 783 P.2d 1313 (1990).

106. Raising objections to instructions on appeal when not raised at trial examined. State v. Osby, 246 Kan. 621, 625, 793 P.2d 243 (1990).

107. Dismissal of juror and replacement failure to instruct on lesser included offense, disparate sentences from codefendants examined. State v. Stallings, 246 Kan. 642, 792 P.2d 1013 (1990).

108. Court's lack of authority to require defendant to serve time in county jail as condition of probation examined. State v. Walbridge, 248 Kan. 65, 66, 805 P.2d 15 (1991).

109. Rules governing motions for new trial based upon newly discovered evidence reiterated. State v. Redford, 248 Kan. 130, 804 P.2d 983 (1991).

110. Whether gun used as club constitutes deadly weapon, failure to instruct on lesser included offense (K.S.A. 21-3412), prior conviction examined. State v. Wagner, 248 Kan. 240, 807 P.2d 139 (1991).

111. Self-defense instruction in murder trial of inmate/defendants, limiting testimony concerning prior self-defense killing examined. State v. Wiggins, 248 Kan. 526, 808 P.2d 1383 (1991).

112. Evidence required to establish aggravated battery as lesser offense of attempted first-degree murder examined. State v. Dixon, 248 Kan. 776, 783, 811 P.2d 1153 (1991).

113. Jurisdiction to hear appeal challenging minimum sentence not involving presumptive probation following guilty or nolo contendere plea examined. State v. Bruner, 15 Kan. App. 2d 369, 808 P.2d 440 (1991).

114. Failure to suppress defendant statements, trial judge remarks to jury, evidence unavailable to defendant, requested instructions examined. State v. Nguyen, 251 Kan. 69, 71, 833 P.2d 937 (1992).

115. Instruction on aggravated battery as raising implication that a more serious charge involved examined. State v. DeHerrera, 251 Kan. 143, 148, 834 P.2d 918 (1992).

116. Jury selection by voter registration lists, evidence of gang membership examined. State v. Bailey, 251 Kan. 156, 158, 834 P.2d 342 (1992).

117. Factual circumstances examined in aggravated battery case where instruction on lesser included offense of battery not required. State v. Deggs, 251 Kan. 342, 834 P.2d 376 (1992).

118. Evidence supporting determination to try juvenile as adult (K.S.A. 38-1636) upheld; admission of confession, evidence of gang membership examined. State v. Hooks, 251 Kan. 755, 840 P.2d 483 (1992).

119. Conviction upheld where trial court reversed on felony murder and aggravated burglary convictions; trial procedures examined. State v. Linn, 251 Kan. 797, 798, 840 P.2d 1133 (1992).

120. Aggravated battery and aggravated robbery multiplicitous when same act of violence provides basis for each conviction. State v. Warren, 252 Kan. 169, 181, 843 P.2d 224 (1992).

121. Parole board's implementation of revised conditional release policies noted as prospective only and not ex post facto punishment. Wishteyah v. Kansas Parole Board, 17 Kan. App. 2d 480, 838 P.2d 371 (1992).

122. Juror's acquaintance with defendant and witness, imposition of minimum sentence for crime involving firearm (K.S.A. 21-4618) examined. State v. Turley, 17 Kan. App. 2d 484, 840 P.2d 529 (1992).

123. 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).

124. Jury selection, confession, gang membership, rape shield statute, photographic exhibits, trial misconduct, instructions, peremptory challenge, hard 40 statute, examined. State v. Walker, 252 Kan. 279, 281, 845 P.2d 1 (1993).

125. Nature, scope and meaning of "disfigurement" under subsection (b) considered and determined. State v. Chandler, 252 Kan. 797, 799, 801, 802, 804, 850 P.2d 803 (1993).

126. Admissibility of prior crimes evidence examined. State v. Synoracki, 253 Kan. 59, 71, 853 P.2d 24 (1993).

127. A ruse entry to search defendant's home, warrantless arrest, search following arrest, and convictions as multiplicitous examined. State v. Johnson, 253 Kan. 356, 856 P.2d 134 (1993).

128. Cited; whether defendant's exclusion from limited retroactivity provision of state sentencing guidelines violates equal protection examined. Chiles v. State, 254 Kan. 888, 891, 869 P.2d 707 (1994).

129. Whether jury instruction regarding whether a van could be a deadly weapon was error examined. State v. Manzanares, 19 Kan. App. 2d 214, 219, 222, 866 P.2d 1083 (1994).

130. Cited; whether state may try juvenile prosecuted as adult on charges not previously raised in juvenile proceeding examined. State v. Randolph, 19 Kan. App. 2d 730, 732, 876 P.2d 177 (1994).

131. Whether court erred in converting sentencing aggravated battery sentence to severity level 4 offense examined. State v. Houdyshell, 20 Kan. App. 2d 90, 93, 884 P.2d 437 (1994).

132. Whether defendant sentenced after KSGA (K.S.A. 21-4701 et seq.) enactment for crimes committed before enactment is denied equal protection by preclusion of sentencing guideline retroactivity examined. State v. Fierro, 257 Kan. 639, 658, 895 P.2d 186 (1995).

133. Whether defendant who uses firearm in commission of crime is eligible for retroactive application of sentencing guidelines examined. State v. George, 20 Kan. App. 2d 648, 650, 891 P.2d 1118 (1995).

134. Whether lesser severity levels of aggravated battery are included offenses or lesser included offenses of level 4 aggravated battery examined. State v. Ochoa, 20 Kan. App. 2d 1014, 1017, 895 P.2d 198 (1995).

135. An out-of-state misdemeanor may be considered comparable to a Kansas felony for conversion to person or nonperson crime purposes. State v. LaGrange, 21 Kan. App. 2d 477, 481, 901 P.2d 44 (1995).

136. Trial court erred in dismissing complaint against participant in gun fight in which victim was shot by other participant. State v. Garza, 259 Kan. 826, 827, 916 P.2d 9 (1996).

137. Trial court did not err by converting aggravated battery against a law officer to a severity level 3 offense. State v. Whitaker, 260 Kan. 85, 91, 917 P.2d 859 (1996).

138. Trial court's failure to give an instruction on level 7 aggravated battery upheld. State v. Valentine, 260 Kan. 431, 433, 921 P.2d 770 (1996).

139. Trial court holding that law enforcement officers are not members of the class protected by section reversed. State v. Le, 260 Kan. 845, 846, 926 P.2d 638 (1996).

140. Trial court's dismissal of defendant's aggravated battery against spouse at preliminary examination reversed. State v. Whittington, 260 Kan. 873, 875, 926 P.2d 237 (1996).

141. Subsection (a)(1)(C) not a specific intent crime, voluntary intoxication not a defense. State v. Esher, 22 Kan. App. 2d 779, 784, 922 P.2d 1123 (1996).

142. Instruction failed to state all elements of level 4 felony offense; court without jurisdiction to impose sentence therefor. State v. Jackson, 262 Kan. 119, 137, 936 P.2d 761 (1997).

143. Whether vehicle used as deadly weapon considered; simple battery as lesser included offense of aggravated battery instruction required. State v. Guebara, 24 Kan. App. 2d 260, 263, 264, 944 P.2d 164 (1997).

144. Defendant is ineligible for conversion of sentence under KSGA (K.S.A. 21-4701 et seq.) if serving time for any crime ineligible for conversion. Doolin v. State, 24 Kan. App. 2d 500, 502, 947 P.2d 454 (1997).

145. Convictions for operating vehicle under the influence of alcohol and aggravated battery were not multiplicitous. State v. Lafoe, 24 Kan. App. 2d 662, 663, 953 P.2d 681 (1998).

146. Trial court did not err in classifying aggravated battery conviction for sentencing conversion purposes. Gross v. State, 24 Kan. App. 2d 806, 807, 953 P.2d 689 (1998).

147. Abuse of child and aggravated battery are separate crimes and a defendant may be convicted of both. State v. Riles, 24 Kan. App. 2d 827, 828, 956 P.2d 1346 (1998).

148. Trial court failure to instruct jury on aggravated battery as a lesser included offense of attempted homicide constituted reversible error. State v. Morfitt, 25 Kan. App. 2d 8, 16, 956 P.2d 719 (1998).

149. Trial court's permitting prosecutor to comment on anticipated defense not an abuse of discretion. State v. Duncan, 25 Kan. App. 2d 41, 42, 956 P.2d 737 (1998).

150. At preliminary hearing on charge of reckless aggravated battery, state must present some evidence of recklessness; evening of drinking, blood alcohol level of .21 and running stop sign at major intersection causing accident and serious bodily injury is sufficient. State v. Robinson, 267 Kan. 734, 987 P.2d 1052 (1999).

151. Trial court's refusal to bind over defendant for trial upon charge of aggravated battery affirmed. Welch v. State, 270 Kan. 237, 13 P.3d 914 (2000).

152. Defense of self-defense not available to defendant charged with reckless aggravated battery. State v. Bradford, 27 Kan. App. 2d 597, 3 P.3d 109 (2000).

153. Jury unanimity requires only that jury agrees to an act for crime charged—not which particular act. State v. Staggs, 27 Kan. App. 2d 865, 9 P.3d 601 (2000).

154. No substantial evidence of simple battery; no requirement to give instruction in prosecution for aggravated battery. State v. Moore, 271 Kan. 416, 23 P.3d 815 (2001).

155. No error in denying defendant's request for separate trial. State v. Walker, 271 Kan. 823, 26 P.3d 645 (2001).

156. Where jury erroneously convicts on lesser included offense (level 7 aggravated battery), court must sentence on lesser included crime. State v. Winters, 31 Kan. App. 2d 38, 59 P.3d 1034 (2002).

157. "Great bodily harm" not "bodily harm" occurred when defendant shot victim with 9mm weapon at 2 feet distance resulting in "through and through injury" with no damage to bone, major arteries, veins and nerves. State v. Brice, 31 Kan. App. 2d 293, 64 P.3d 444 (2003).

158. Upward duration departure sentence was illegal based on Gould; trial court could not correct error by journal entry as it loses jurisdiction when timely appeal is filed. State v. Spicer, 30 Kan. App. 2d 317, 42 P.3d 742 (2002).

159. Imposition of jail time for offense committed while on parole is not an upward dispositional departure sentence violative of Apprendi and Gould. State v. Tisdale, 30 Kan. App. 2d 524, 43 P.3d 835 (2002).

160. Severity level 7 aggravated battery is lesser included offense of severity level 4 aggravated battery charge. State v. Winters, 276 Kan. 34, 72 P.3d 564 (2003).

161. Aggravated robbery and aggravated battery are multiplicitous when same act of violence provides basis for each conviction. State v. Groves, 31 Kan. App. 2d 635, 70 P.3d 717 (2003).

162. Section held constitutional. In re J.A.B., 31 Kan. App. 2d 1017, 77 P.3d 156 (2003).

163. Evidence plainly sufficient to support first-degree murder conviction but reversed in part as clear error for failure to instruct on attempted aggravated battery. State v. Young, 277 Kan. 588, 601, 87 P.3d 308 (2004).

164. Aggravated battery was part of act of rape of victim and is multiplicitous charge. State v. Neal, 34 Kan. App. 2d 485, 120 P.3d 366 (2005).

165. Kansas law does support presumption that bar fights are not inherently dangerous. State v. Green, 280 Kan. 758, 127 P.3d 241 (2006).

166. Wife rams husband's mistress' car twice, held: Single act of violence, charges of aggravated assault and aggravated battery are multiplicitous. State v. Bolden, 35 Kan. App. 2d 195, 129 P.3d 120 (2006).

167. Aggravated battery is not a lesser included crime of attempted first-degree murder. State v. Gaither, 283 Kan. 671, 692, 156 P.3d 602 (2007).

168. Aggravated battery under K.S.A. 21-3414(a)(1)(C) is not lesser included offense of abuse of a child because of additional elements. State v. Alderete, 285 Kan. 359, 172 P.3d 27 (2007).

169. Presentence report erroneously understated severity level; motion to correct alleged illegal sentence denied. State v. McCarley, 38 Kan. App. 2d 165, 168, 173, 174, 177, 178, 166 P.3d 418 (2007).

170. State not required to prove disfigurement or great bodily harm, only that it could have been inflicted. State v. Morton, 38 Kan. App. 2d 967, 972, 174 P.3d 904 (2008).

171. Mentioned in dissenting opinion that would reverse convictions for felony murder and criminal discharge of a firearm. State v. Farmer, 285 Kan. 541, 557, 175 P.3d 221 (2008).

172. Cited in felony murder case involving forcible felony; discussion of availability of self-defense and imperfect self-defense. State v. Kirkpatrick, 286 Kan. 329, 335-337, 348, 356-358, 362-364, 366, 184 P.3d 247 (2008).

173. Cited in discussion on reopening case after party has rested and motions of acquittal. State v. Murdock, 286 Kan. 661, 668, 187 P.3d 1267 (2008).

174. Cited; trial court had jurisdiction to correct illegal sentence that favored defendant. State v. McCarley, 287 Kan. 167, 170, 178, 195 P.3d 230 (2008).

175. Cited; witness testified what murder victim said but no constitutional confrontation objection raised at trial; no reversible error. State v. Anderson, 287 Kan. 325, 342, 197 P.3d 409 (2008).

176. Cited; failure to give jury instruction on lesser included offense upheld; injury was not slight or minor. State v. Smith, 39 Kan. App. 2d 64, 69, 176 P.3d 997 (2008).

177. Cited; extended jurisdiction juvenile conviction; evidence of probation violation sufficient, incarceration required. State v. J.H., 40 Kan. App. 2d 643, 644, 197 P.3d 467 (2008).

178. Conviction hereunder upheld; no error in failure to give a requested lesser offense instruction. State v. Hoffman, 288 Kan. 100, 200 P.3d 1254 (2009).

179. Felony murder convictions affirmed; discussion of unanimity instructions; alternative means cases and multiple acts cases. State v. Dixon, 289 Kan. 46, 209 P.3d 675 (2009).

180. Refusal to instruct on lesser included offense of involuntary manslaughter upheld on appeal. State v. Houston, 289 Kan. 252, 213 P.3d 728 (2009).

181. Conviction hereunder vacated for ineffective assistance of counsel. Moll v. State, 41 Kan. App. 2d 677, 204 P.3d 659 (2009).

182. District court erred in permitting two convictions hereunder; unit of prosecution is the person, not body parts. State v. Mendoza, 41 Kan. App. 2d 996, 207 P.3d 1072 (2009).

183. Under facts of case, evidence sufficient for criminal restraint conviction and aggravated battery. State v. Curreri, 42 Kan. App. 2d 460, 213 P.3d 1084 (2009).

184. Conviction reversed due to incorrect jury instruction regarding terms "great bodily harm" and "bodily harm." State v. Delacruz, 43 Kan. App. 2d 173, 223 P.3d 810 (2010).

185. Intentional aggravated battery is a general intent crime. State v. Johnson, 46 Kan. App. 2d 870, 265 P.3d 585 (2011).

186. Evidence is insufficient to support a conviction of reckless aggravated battery under the facts of case. State v. O'Rear, 293 Kan. 892, 270 P.3d 1127 (2012).

187. Defendant's intent necessary for the severity level 7 of aggravated battery discussed. State v. Frye, 294 Kan. 364, 277 P.3d 1091 (2012).

188. The district court erred in refusing to give the requested lesser included offense instruction on simple battery. State v. Simmons, 295 Kan. 171, 283 P.3d 212 (2012).

189. "Disfigurement" and "with a deadly weapon" are merely options within a means, rather than an alternative means of committing aggravated battery. State v. Ultreras, 296 Kan. 828, 295 P.3d 1020 (2013).

190. Lower court erred when it identified charge as a charge involving multiple acts when the defendant communicated a criminal threat to more than one person. State v. Williams, 303 Kan. 750, 756, 368 P.3d 1065 (2016).

191. District court's failure to include jury instruction on lesser-included crime of level 7 aggravated battery was not clear error. State v. Cooper, 303 Kan. 764, 772, 368 P.3d 232 (2016).

192. Defendant's prior conviction for reckless aggravated battery qualified as a crime of violence pursuant to elements clause of career offender provision of the United States sentencing guidelines. U.S. v. Ash, 917 F.3d 1238, 1246 (10 th Cir. 2019).

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