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STATE v. CLARDY

Nos. 67,041, 67,644

252 Kan. 541 (1993)

847 P.2d 694

STATE OF KANSAS, Appellee, v. SANFORD DOUGLAS CLARDY, Appellant.

Supreme Court of Kansas.

Opinion filed March 5, 1993.

Attorney(s) appearing for the Case

Lucille Marino, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellant.

Michael Grosko, assistant district attorney, argued the cause, and Michael A. Russell, assistant district attorney, Nick A. Tomasic, district attorney, and Robert T. Stephan, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

Sanford Douglas Clardy appeals his conviction of one count of aggravated robbery and his sentence of 15 years to life. Clardy claims the trial court erred in failing to instruct the jury on the offense of battery as a lesser included offense of aggravated robbery.

Between 11:00 and 11:30 p.m. on October 2, 1990, Clardy, Marcus Eugene Coleman, Reginald...

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