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STATE v. BAUMGARNER

No. 121,092.

481 P.3d 170 (2021)

STATE of Kansas, Appellee, v. Dameon V. BAUMGARNER, Appellant.

Court of Appeals of Kansas.

Opinion filed January 22, 2021.

Attorney(s) appearing for the Case

Randall L. Hodgkinson , of Kansas Appellate Defender Office, for appellant.

Kerwin L. Spencer , county attorney, and Derek Schmidt , attorney general, for appellee.

Before Atcheson, P.J., Schroeder and Warner, JJ.

The Kansas Legislature has criminalized the possession of a firearm by a person "who is or has been ... subject to involuntary commitment" because of mental illness. K.S.A. 2019 Supp. 21-6301(a)(13). This case requires us to determine what the State must prove to establish the element of the crime pertaining to mental status. We conclude...

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