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STATE v. BRICE

No. 87,788.

276 Kan. 758 (2003)

80 P.3d 1113

STATE OF KANSAS, Appellee, v. DEREK DWAYNE BRICE, Appellant.

Supreme Court of Kansas.

December 12, 2003.

Attorney(s) appearing for the Case

Randall L. Hodgkinson, deputy appellate defender, argued the cause, and Shawn Minihan, assistant appellate defender, was with him on the briefs for appellant.

Steven W. Wilhoft, county attorney, argued the cause, and Carla J. Stovall, former attorney general, and Phill Kline, attorney general, were with him on the briefs for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Derek Brice was convicted by a jury of one count of aggravated battery in violation of K.S.A. 21-3414(a)(1)(A) and sentenced to 41 months' imprisonment. Brice appealed his conviction, and the Court of Appeals affirmed that conviction in State v. Brice, 31 Kan.App.2d 293, 64 P.3d 444 (2003). This court granted Brice...

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