STATE v. MARINO

No. 93,645.

34 Kan.App. 2d 857 (2006)

STATE OF KANSAS, Appellee, v. JESUS MARINO, Appellant.

Court of Appeals of Kansas.

Opinion filed January 13, 2006.


Attorney(s) appearing for the Case

Rick Kittel, assistant appellate defender, for appellant.

Douglas W. McNett, of Larned, John Sauer, county attorney, and Phill Kline, attorney general, for appellee.

Before GREEN, P.J., LARSON, S.J., and WAHL, S.J.


GREEN, J.:

Jesus Marino was convicted of one count of aggravated battery and one count of conspiracy to commit aggravated battery. On appeal, the defendant contends that his conviction for conspiracy to commit aggravated battery should be reversed because the State failed to allege a specific overt act in the complaint. The defendant maintains that there can be no crime of conspiracy unless an overt act is alleged and...

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