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STATE v. HARRIS

No. 105,435.

264 P.3d 1055 (2011)

46 Kan. App. 2d 848

STATE of Kansas, Appellee, v. Damon T. HARRIS, Appellant.

Court of Appeals of Kansas.

November 10, 2011.

Attorney(s) appearing for the Case

Cecilia T. Mariani , of Topeka, for appellant.

Jodi Litfin , assistant district attorney, Chadwick J. Taylor , district attorney, and Derek Schmidt , attorney general, for appellee.

Before BRUNS, P.J., BUSER, J., and KNUDSON, S.J.

KNUDSON, J.

Damon T. Harris appeals his conviction for domestic battery in violation of K.S.A. 2009 Supp. 21-3412a. For the reasons that follow, we reverse Harris' conviction for domestic battery, setting aside the sentence imposed and the fine that was levied. However, we remand this case to the district court with directions that Harris be convicted and sentenced for the crime of battery under K.S.A. 21-3412, a class B person misdemeanor.

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