State v. Bowers

The opinion of the court was delivered by

Schroeder, C.J.:

The defendant, David Bowers, appeals his conviction by a Shawnee County, Kansas, jury of aggravated battery against a law enforcement officer (K.S.A. 21-3415). The issues on appeal are whether Doberman pinschers are deadly weapons and can inflict great bodily harm as required by K.S.A. 21-3414(c), whether K.S.A. 21-3414(c) is unconstitutionally vague, and whether the defendant was improperly sentenced to both imprisonment and restitution.

On July 29, 1984, after becoming intoxicated, the defendant caused an accident in the parking lot of…