State v. Berg

The opinion of the court was delivered by

Abbott, J.:

This is an appeal by the State of the trial court’s dismissal of a complaint charging the appellee, Dayton Alexander Berg, with one count of aggravated battery pursuant to K.S.A. 21-3414(a)(1)(A). The trial court found that the State had failed to present sufficient evidence to show that Berg had intentionally caused great bodily harm to the victim, Megan Dodder. This court has jurisdiction pursuant to K.S.A. 22-3602(b)(l).

At the conclusion of the preliminary hearing, the trial court refused to bind Berg over for trial on any level of…