State v. Gatlin

The opinion of the court was delivered by

Beier, J.:

Defendant Kevin Gatlin appeals his conviction for intentional aggravated battery causing disfigurement under K.S.A. 21-3414(a)(l)(A), which arose out of a bar fight in which Gatlin bit off the tip of another man’s thumb. Gatlin argues that the district judge erred in failing to instruct the juiy on recklessness and the lesser included crimes of reckless aggravated batteiy under K.S.A. 21-3414(a)(2)(A) and (B). We reverse his conviction and remand to the district court for a new trial.

Factual and Procedural Background

George Hoffman -and Gatlin…