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STATE v. OCHOA

No. 71,899

20 Kan. App. 2d 1014 (1995)

STATE OF KANSAS, APPELLEE, v. JOSE MANUEL OCHOA, Appellant.

Court of Appeals of Kansas.

Opinion filed April 28, 1995.

Attorney(s) appearing for the Case

Daniel H. Diepenbrock and Linda W. Powell, of Miller & Diepenbrock, P.A., of Liberal, for the appellant.

Douglas P. Campbell, county attorney, and Robert T. Stephan, attorney general, for the appellee.

Before BRAZIL, P.J., LEWIS, J., and E. NEWTON VICKERS, District Judge Retired, assigned.

LEWIS, J.:

Defendant was convicted of one count of aggravated battery. He appeals, arguing the trial court erred in failing to instruct the jury on certain lesser included offenses.

We agree and reverse and remand.

Defendant's problems began with his ill-fated decision to attend a wedding dance. The evening ended with gunfire and bloodshed.

There was little good feeling between defendant's...

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