Under the facts of this case, the State failed to establish that O'Rear committed reckless aggravated battery under K.S.A. 21-3414(a)(2)(A) because it did not prove that O'Rear recklessly caused great bodily harm to Jackson with a deadly weapon. Rather, the only evidence was that O'Rear intentionally caused the injury so that Jackson could not engage in a gun battle.This is a follow up to previous case law that, for example, held that evidence of a completed crime is insufficient to support a conviction for attempt.
Friday, February 24, 2012
If it's intentional, it's not reckless
Lydia Krebs won in State v. O'Rear, No. 99,487 (Kan. Feb. 17, 2012), obtaining reversal of a Wyandotte County aggravated battery conviction. The KSC held that intentional and reckless aggravated battery are mutually exclusive: