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STATE v. WICKLIFFE

No. 66,176

16 Kan. App. 2d 424 (1992)

826 P.2d 522

STATE OF KANSAS, Appellee, v. MARION L. WICKLIFFE, Appellant.

Court of Appeals of Kansas.

Opinion filed January 17, 1992.

Attorney(s) appearing for the Case

Wendy L. Rhyne Slayton, assistant appellate defender, and Steven R. Zinn, deputy appellate defender, for the appellant.

Robin A. Lewis, assistant district attorney, Paul J. Morrison, district attorney, and Robert T. Stephan, attorney general, for the appellee.

Before LEWIS, P.J., BRAZIL, J., and JOHN M. JAWORSKY, District Judge, assigned.

LEWIS, J.:

The defendant, Marion L. Wickliffe, was convicted by a jury of the crime of theft of an automobile. He appeals that conviction, arguing that the trial court erred in failing to instruct the jury on the lesser included crime of deprivation of property. We agree and reverse and remand.

The defendant first came to the attention of the police by driving the purloined vehicle north on State Line Road in Leawood

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