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STATE v. CARTER

No. 114,556.

395 P.3d 458 (2017)

STATE of Kansas, Appellee, v. Robert E. CARTER, Appellant.

Court of Appeals of Kansas.

Opinion filed April 28, 2017.

Attorney(s) appearing for the Case

Kimberly Streit Vogelsberg , of Kansas Appellate Defender Office, for appellant.

Lesley A. Isherwood , assistant district attorney, Marc Bennett , district attorney, and Derek Schmidt , attorney general, for appellee.

Before Buser, P.J., Atcheson and Powell, JJ.

Robert E. Carter was convicted of aggravated battery in violation of K.S.A. 2015 Supp. 21-5413(b)(1)(A) following a jury trial in the Sedgwick County District Court. On appeal, Carter claims clear error because the trial court did not instruct the jury on domestic battery as a lesser included offense of aggravated battery. Upon our review...

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