State v. BodineAnnotate this Case
The Supreme Court affirmed in part and dismissed in part Defendant's convictions of first-degree felony murder, aggravated kidnapping, abuse of a child, aggravated endangering a child, aggravated assault, and criminal damage to property, holding that Defendant was not entitled to relief on his claims of error.
Specifically, the Supreme Court held (1) the district court did not err in providing to the jury Instruction No. 15, the jury instruction on aggravated kidnapping with intent to facilitate a crime; (2) Instruction No. 9, the aiding and abetting instruction, did not misstate the law, was legally appropriate, and was constitutional; (3) Defendant's argument that his convictions for felony murder and aggravated child endangerment must be reversed because his convictions for those crimes were logically impossible was without merit; (4) Defendant's constitutional challenge to Kan. Stat. Ann. 22-2302(c) was without merit; (5) assuming without deciding that the prosecutor erred in saying that the victim's eyes were gone, the error was harmless; and (6) Defendant's challenge to the constitutionality of Kan. Stat. Ann. 21-5408(a)(3) is dismissed for lack of subject matter jurisdiction.