State v. Mendoza

Hill, J.:

This appeal raises the question of whether the State can charge two stabs of a knife attack as two distinct counts of aggravated batteiy. When several charges arise from the same conduct, under Kansas law there can be only one conviction for each unit of prosecution. The scope of conduct comprising one violation of a criminal statute defines the unit of prosecution.

In this direct appeal, Miguel D. Mendoza was convicted of one count of aggravated batteiy of the penis and one count of aggravated battery of the right leg of Raul C. Lopez. Because Mendoza cut Lopez’ penis after stabbing…