State v. Winters

The opinion of the court was delivered by

Luckert, J.:

A jury convicted Jesse Winters of a severity level 4 aggravated battery and a severity level 7 aggravated battery. The trial court found the convictions were multiplicitous and merged into the greater offense, the severity level 4 aggravated battery. On direct appeal, the Court of Appeals vacated Winters’ conviction of the severity level 4 aggravated battery and remanded for imposition of sentence on the severity level 7 aggravated battery. State v. Winters, 31 Kan. App. 2d 38, 59 P.3d 1034 (2002). This court granted the State’s petition…