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STATE v. CLARK

No. 74,991.

261 Kan. 460 (1997)

931 P.2d 664

STATE OF KANSAS, Appellee, v. STEVEN A. CLARK, Appellant.

Supreme Court of Kansas.

Opinion filed January 24, 1997.

Attorney(s) appearing for the Case

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

Charles R. Reimer, assistant district attorney, argued the cause, and Nolo 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

LOCKETT, J.:

Defendant Steven A. Clark appeals his convictions of murder in the first degree, K.S.A. 21-3401, and attempted murder in the first degree, K.S.A. 21-3301 and K.S.A. 21-3401. Defendant claims the trial court erred by (1) failing to instruct the jury on (a) reckless second-degree murder as a lesser included offense of first-degree murder and (b) attempted second-degree

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