State v. Perez-Medina

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 114,589 STATE OF KANSAS, Appellee, v. GIOSBEL PEREZ-MEDINA, Appellant. SYLLABUS BY THE COURT 1. When a criminal defendant makes his or her position on lesser included crime instructions clear at an instructions conference with the trial judge, thus giving the judge an opportunity to avoid or correct alleged instruction error, the defendant has preserved the instruction issue for later appeal, even if no defense objection is lodged when the instructions are read or given to the jury. 2. Aggravated battery, as defined in K.S.A. 2014 Supp.…