STATE v. MAGGARD

No. 79,614.

26 Kan. App.2d 888 (2000)

995 P.2d 916

STATE OF KANSAS, Appellee, v. DONALD A. MAGGARD, Appellant.

Court of Appeals of Kansas.

Opinion filed January 21, 2000.


Attorney(s) appearing for the Case

Rebecca E. Woodman, assistant appellate defender, and Jessica R. Kunen, chief appellate defender for appellant.

Debra S. Peterson, assistant district attorney, Doyle Baker, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before JUSTICE SIX, presiding, TERRY L. BULLOCK, District Judge, assigned, and ROBERT W. FAIRCHILD, District Judge, assigned.


FAIRCHILD, J.:

Defendant, Donald Maggard, appeals from his jury conviction of attempted rape. He contends that the trial court erred in (1) refusing to instruct the jury on diminished capacity and, at the same time, instructing the jury that it must consider the case without favoritism or sympathy for either party; and (2) finding defendant competent to stand trial.

We agree that the combination of refusing to...

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