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STATE v. BRICE

No. 87,788

31 Kan.App. 2d 293 (2003)

64 P.3d 444

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

Court of Appeals of Kansas

Opinion filed February 28, 2003.

Attorney(s) appearing for the Case

Shawn Minihan, assistant appellate defender, and Randall Hodgkinson, deputy appellate defender, for appellant.

Steven W. Wilhoft, county attorney, and Carla J. Stovall, attorney general, for appellee.

Before GERNON, P.J., KNUDSON, and LARSON, S.J.

LARSON, J.:

Derek Dwayne Brice appeals his jury conviction of severity level 4 aggravated battery, K.S.A. 21-3414(a)(1)(A), contending the trial court erred (1) when it instructed the jury that great bodily harm occurs when a person sustains a "through and through bullet wound," (2) when it refused to give instructions for severity levels 7 and 8 aggravated battery, and (3) when it refused to allow him to present the testimony of a physician. Brice further contends...

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