24 Kan. App. In determining modification of a preguidelines sentence under the Kansas Sentencing Guidelines Act, the court may consider any uncontested information to determine the actual conduct of the offender.
Aggravated battery is no longer a specific intent crime.
Under circumstances where the offender acknowledges his conduct was purposeful and resulted in great bodily harm, the offender's specific intent is not relevant in determining sentence modification for an aggravated battery conviction. Opinion filed February 6, 1998. Reid T. Nelson , assistant appellate defender, and Jessica R. Kunen , chief appellate defender, for appellant. Ann L. Smith , county attorney, and Carla J. Stovall , attorney general, for appellee. Gross argued unsuccessfully before the district court that his aggravated battery conviction should be classified as a severity level 7 offense rather than a severity level 4 offense, thus making him eligible for modification of sentence.