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STATE v. LE

No. 74,708.

260 Kan. 845 (1996)

926 P.2d 638

STATE OF KANSAS, Appellant, v. TUNG THANH LE, Appellee.

Supreme Court of Kansas.

Opinion filed October 25, 1996.

Attorney(s) appearing for the Case

Timothy J. Chambers, county attorney, argued the cause, and Alan Hughes, assistant county attorney, and Carla J. Stovall, attorney general, were on the brief for appellant.

Janine Cox, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

The State appeals the denial of its motion to amend a complaint charging defendant Tung Thanh Le with felony reckless aggravated battery against a law enforcement officer pursuant to K.S.A. 21-3414 and the subsequent dismissal of the complaint. The district judge determined that a law enforcement officer was not a member of the class the legislature intended to protect when it enacted the general aggravated...

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