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STATE v. SIMMONS

No. 102,715.

249 P.3d 15 (2011)

STATE of Kansas, Appellee, v. Elton SIMMONS, Appellant.

Court of Appeals of Kansas.

March 4, 2011.

Attorney(s) appearing for the Case

Shawn E. Minihan , of Kansas Appellate Defender Office, for appellant.

Boyd K. Isherwood , assistant district attorney, Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, for appellee.

Before McANANY, P.J., LEBEN and ATCHESON, JJ.

ATCHESON, J.:

Defendant Elton Simmons appeals his convictions for aggravated battery and two misdemeanors in Sedgwick County District Court arising from a 2006 blowup with his then girlfriend. He also disputes both an assessment of fees against him for the work of his appointed defense counsel and the treatment of his earlier criminal convictions for sentencing purposes. We reverse the aggravated battery conviction and remand for a new trial because the lower court...

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