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STATE v. BERRY

No. 100,512.

254 P.3d 1276 (2011)

292 Kan. 493

STATE of Kansas, Appellee, v. Gregory L. BERRY, Appellant.

Supreme Court of Kansas.

July 22, 2011.

Attorney(s) appearing for the Case

Heather R. Cessna , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Boyd K. Isherwood , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were with him on the brief for appellee.

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

Gregory L. Berry directly appeals his conviction and sentence for first-degree felony murder. Berry struck and killed another motorist during a high-speed getaway from a traffic stop. He was apprehended, and cocaine was discovered. The underlying felony for the first-degree felony-murder conviction was possession of cocaine. At trial, Berry requested lesser included offense instructions for second-degree reckless...

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