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STATE v. VALENTINE

No. 73,564.

260 Kan. 431 (1996)

921 P.2d 770

STATE OF KANSAS, Appellee, v. OMAR A. VALENTINE, Appellant.

Supreme Court of Kansas.

Opinion filed July 12, 1996.

Attorney(s) appearing for the Case

Debra J. Wilson, assistant appellate defender, argued the cause, and Steven R. Zinn, deputy appellate defender, was with her on the brief for appellant.

Charles R. Reimer, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is a direct appeal by Omar A. Valentine from his conviction for aggravated battery and the court's imposition of an upward durational departure sentence.

The record leaves many unanswered questions. When the record is reviewed as we are required to view it, it reveals the following. In the early evening, the victim, Damon Ross, and a friend, Henry Shaffer, left Ross' home and were walking down...

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