State v. Klesath
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In a case before the Supreme Court of the State of Kansas, the defendant, Kristoffer L. Klesath, appealed his convictions for first-degree felony murder, intentional second-degree murder, and aggravated robbery. Klesath argued that the state failed to provide adequate evidence to support the aggravated robbery charge, and the trial court erred in refusing to instruct the jury on reckless second-degree murder and involuntary manslaughter and its accompanying imperfect self-defense. The case stems from an incident where Klesath engaged in a confrontation with Darton Fields outside a liquor store. Both men were armed with handguns. During the altercation, Klesath shot Fields, who subsequently died. Klesath then picked up Fields' dropped gun before fleeing the scene.
The court affirmed the lower court's decision. It held that the evidence was sufficient to support the conviction for aggravated robbery, which in turn justified the felony murder conviction. The court further held that Klesath could not assert self-defense to negate the charge of aggravated robbery. The court reasoned that the crime of aggravated robbery does not contain an element that would justify the use of force in self-defense. Additionally, a defendant may not assert self-defense if the defendant is attempting to commit, committing, or escaping from the commission of a forcible felony. As a result, the court did not need to consider Klesath's remaining challenges because the trial court merged his convictions for second-degree murder and felony murder, sentencing Klesath only on felony murder.
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