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STATE v. GATLIN

No. 99,091.

253 P.3d 357 (2011)

STATE of Kansas, Appellee, v. Kevin Leroy GATLIN, Appellant.

Supreme Court of Kansas.

June 24, 2011.

Attorney(s) appearing for the Case

Darrell L. Smith , of Olathe, argued the cause and was on the briefs for appellant.

Kristafer R. Ailslieger , deputy solicitor general, argued the cause, and Frederick B. Campbell, county attorney, and Steve Six , attorney general, were on the brief for appellee.

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

Defendant Kevin Gatlin appeals his conviction for intentional aggravated battery causing disfigurement under K.S.A. 21-3414(a)(1)(A), which arose out of a bar fight in which Gatlin bit off the tip of another man's thumb. Gatlin argues that the district judge erred in failing to instruct the jury on recklessness and the lesser included crimes of reckless aggravated battery under K.S.A. 21-3414(a)(2)(A) and (B). We...

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