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STATE v. WINTERS

No. 87,695.

276 Kan. 34 (2003)

72 P.3d 564

STATE OF KANSAS, Appellee, v. JESSE ALLEN WINTERS, Appellant.

Supreme Court of Kansas.

Opinion filed: July 11, 2003.

Attorney(s) appearing for the Case

Theresa L. Barr, assistant appellate defender, argued the cause, and Steven R. Zinn, deputy appellate defender, was with her on the brief for appellant.

Ellen H. Mitchell, county attorney, argued the cause, and Carla J. Stovall, attorney general, was with her on the brief for appellee.

The opinion of the court was delivered by

LUCKERT, J.:

A jury convicted Jesse Winters of a severity level 4 aggravated battery and a severity level 7 aggravated battery. The trial court found the convictions were multiplicitous and merged into the greater offense, the severity level 4 aggravated battery. On direct appeal, the Court of Appeals vacated Winters' conviction of the severity level 4 aggravated battery and...

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