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STATE v. SIMMONS

No. 102,715.

283 P.3d 212 (2012)

STATE of Kansas, Appellee, v. Elton SIMMONS, Appellant.

Supreme Court of Kansas.

August 24, 2012.

Attorney(s) appearing for the Case

Shawn E. Minihan , of Kansas Appellate Defender Office, argued the cause and was on the briefs for appellant.

David Lowden , assistant district attorney, argued the cause, and Boyd K. Isherwood , assistant district attorney, Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were on the brief for appellee.

The opinion of the court was delivered by JOHNSON, J.:

On direct appeal, Elton Simmons challenged his conviction for aggravated battery, arguing that the district court committed reversible error by refusing to instruct the jury on simple battery as a lesser included offense. A panel of the Court of Appeals agreed, reversed his conviction, and remanded for a new trial. State v. Simmons, 45 Kan.App.2d 491, 492,

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