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STATE v. JEFFERSON

No. 95,049.

194 P.3d 557 (2008)

STATE of Kansas, Appellee, v. Anthony L. JEFFERSON, Appellant.

Supreme Court of Kansas.

October 17, 2008.

Attorney(s) appearing for the Case

Shawn E. Minihan, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Keith E. Schroeder, district attorney, argued the cause, and Phill Kline, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by BEIER, J.:

The State petitions for our review of the Court of Appeals' reversal of defendant Anthony Jefferson's conviction of aggravated battery. We examine one issue: Whether a refusal to testify by State witness Jesse Villa made him unavailable, thus permitting admission of his preliminary hearing testimony at Jefferson's trial.

Factual and Procedural Background

Jesse Gomez awoke early on February...

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