State v. Gibbons

The opinion of the court was delivered by

Lockett, J.:

Defendant appeals his convictions and sentencing on one count of attempted first-degree murder, a class B felony in violation of K.S.A. 1991 Supp. 21-3301 and K.S.A. 1991 Supp. 21-3401, and one count of possession of a concealed weapon, a class B misdemeanor in violation of K.S.A. 21-4201(d). Defendant claims that (1) the trial judge failed to instruct on attempted second-degree murder as a lesser included offense of attempted first-degree murder; (2) he was denied the right to present a defense; (3) evidence was improperly admitted of…