State v. Ultreras
Annotate this CaseAfter a jury trial, Defendant was convicted of three counts of aggravated battery. Counts I and II were a violation of Kan. Stat. Ann. 3414(a)(2)(A) and Count III was a violation of Kan. Stat. Ann. 3414(a)(2)(B), which prohibits "recklessly causing bodily harm...to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted." Defendant appealed. The Supreme Court affirmed, holding (1) the district court erred in requiring Defendant to prove by a preponderance of the evidence that his use-of-force was justified in defense of others or property other than a dwelling pursuant to Kan. Stat. Ann. 21-3219, but this error was harmless; (2) the Kansas Legislature did not state alternative means of committing aggravated battery under the aggravated battery statute; (3) the district court did not err by giving a unanimity instruction; and (4) while the district court may have erred in denying Defendant the right to cross-examine witnesses regarding why they did not honor their subpoenas, the error was harmless.
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