State v. Aguirre
Annotate this CaseAfter a jury trial, Defendant was convicted of rape, aggravated indecent liberties with a child, and aggravated intimidation of a victim. The court of appeals affirmed the convictions. Defendant sought review, claiming that the State erred in failing to present sufficient evidence to support the alternative means of committing the crime of aggravated intimidation of a witness under Kan. Stat. Ann. 21-3833, and the error required reversal of his conviction for this crime pursuant to State v. Wright. The Supreme Court affirmed the conviction, holding (1) Kan. Stat. Ann. 21-3832, which defines the crime of intimidation of a witness, does not contain the alternative means alleged by Defendant; (2) the statutory definition of malice does not create alternative means; and (3) the evidence was sufficient to establish that Defendant attempted to prevent or dissuade his victim from reporting his crimes and that he acted with the requisite malice in doing so.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.