State v. Harris

Knudson, J.:

Damon T. Harris appeals his conviction for domestic batteiy in violation of K.S.A. 2009 Supp. 21-3412a. For the reasons that follow, we reverse Harris’ conviction for domestic battery, setting aside the sentence imposed and the fine that was levied. However, we remand this case to the district court with directions that Harris be convicted and sentenced for the crime of batteiy under K.S.A. 21-3412, a class B person misdemeanor.

On December 19, 2009, Stephanie Kemp and Harris got into an argument inside the residence they shared. During the argument, Harris stomped on Kemp’s foot…