The opinion of the court was delivered by MORITZ, J.:
In this appeal, we granted review of the Court of Appeals' decision affirming Xavier Miller's conviction of intentional second-degree murder. State v. Miller, No. 100,247, ___ Kan.App.2d ___, 2009 WL 1591572 (Kan.App.2009) (unpublished opinion). The issue presented on review is whether the district court clearly erred when it appropriately instructed the jury that it should simultaneously consider the lesser...
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