State v. Le

The opinion of the court was delivered by

Lockett, J.:

The State appeals the denial of its motion to amend a complaint charging defendant Tung Thanh Le with felony reckless aggravated battery against a law enforcement officer pursuant to K.S.A. 21-3414 and the subsequent dismissal of the complaint. The district judge determined that a law enforcement officer was not a member of the class the legislature intended to protect when it enacted the general aggravated battery statute, K.S.A. 21-3414.

On May 2, 1995, the defendant was shot by a Kansas Highway Patrol Trooper who was being dragged by the…