State v. FloresAnnotate this Case
After pleading no contest to his criminal charges, appellant Rafael Flores was convicted of one count of first-degree felony murder and one count of attempted voluntary manslaughter. Flores moved to withdraw his plea, arguing that the district court lacked subject matter jurisdiction because felony murder with an underlying felony of attempted voluntary manslaughter is not a crime. The district court denied the motion, and the supreme court affirmed. The court held that (1) although attempted voluntary manslaughter is not specifically mentioned in Kan. Stat. Ann. 21-3436(a) as an inherently dangerous felony capable of supporting a felony-murder charge, voluntary manslaughter is listed as a felony that may be inherently dangerous in certain circumstances, and because Kan. Stat. Ann. 21-3401(b) anticipates that an attempt to commit an inherently dangerous felony may support a felony-murder charge, an attempted voluntary manslaughter may support a felony-murder charge; and (2) a defendant can be charged with felony murder with the underlying charge of attempt to commit voluntary manslaughter if the latter charge was so distinct from the homicide that was the subject of the felony murder charge as not to be an ingredient of the homicide.