State v. GrayAnnotate this Case
The Supreme Court affirmed Defendant's conviction of first-degree premeditated murder, rape, and aggravated burglary, holding that the district court did not err in admitting prior sex crime evidence and did not commit clear error when it did not instruct the jury on intentional second-degree murder as a lesser included offense of first-degree murder.
On appeal, Defendant argued, among other things, that the district court should have sentenced him for intentional second-degree murder even though he was convicted of first degree premeditated murder under the identical offense doctrine. The Supreme Court affirmed, holding (1) Defendant's identical offense argument was unpreserved for appellate review; (2) the district court did not err when it admitted evidence of prior crimes under Kan. Stat. Ann. 60-455; and (3) Defendant failed to establish that the jury would have reached a different verdict had the district court offered an instruction on intentional second-degree murder.