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STATE v. MOORE

No. 82,411.

271 Kan. 416 (2001)

23 P.3d 815

STATE OF KANSAS, Appellee, v. LARRY MOORE, Appellant.

Supreme Court of Kansas.

Opinion filed June 1, 2001.

Attorney(s) appearing for the Case

Patrick H. Dunn, assistant appellate defender, argued the cause, and Joseph P. Leon, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, were on the brief for appellant.

Debra S. Peterson, assistant district attorney, argued the cause, and David Lowden, assistant district attorney, and Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

This case comes before us on the State's petition for review from the Court of Appeals' unpublished decision in State v. Moore, No. 82,411, filed August 11, 2000. The Court of Appeals' reversal of the defendant's aggravated battery conviction of his girlfriend, T.M., was based upon the trial court's refusal to give a lesser included offense instruction on simple battery. The question we must resolve...

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