STATE v. DELACRUZ

No. 100,654.

223 P.3d 810 (2010)

STATE of Kansas, Appellee, v. Joe DELACRUZ, Appellant.

Court of Appeals of Kansas.

January 22, 2010.


Attorney(s) appearing for the Case

Ryan Eddinger and Meryl Carver-Allmond, of Kansas Appellate Defender Office, for appellant.

Don L. Scott, county attorney, and Steve Six, attorney general, for appellee.

Before HILL, P.J., CAPLINGER and LEBEN, JJ.


CAPLINGER, J.

In this appeal by Joe Delacruz of his aggravated battery conviction, he argues his right to a fair trial was violated by improper comments made by the district court during voir dire and trial, as well as improper comments made by the prosecutor during closing argument. Delacruz also contends the instructions given by the district court on aggravated battery and misdemeanor battery were clearly erroneous.

We conclude the district court erroneously...

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