State v. McClellandAnnotate this Case
After a jury trial, Defendant was found guilty of felony murder, three counts of attempted aggravated robbery, and one count of aggravated burglary. The district court imposed a life sentence for the felony-murder conviction and a 153-month sentence consecutive to the life sentence for the remaining convictions. The Supreme Court affirmed the convictions but vacated the 153-month sentence and remanded for resentencing, holding (1) the State presented sufficient evidence to convict Defendant of the felony murder; (2) the district court’s jury instruction on felony murder was not erroneous; but (3) the district court violated the “double-rule” of Kan. Stat. Ann. 21-6819(b)(4) when it imposed the 153-month sentence because the sentence was more than double the amount of prison time Defendant received for his primary crime of attempted aggravated robbery.