Source or prior law:

21-513, 21-514, 21-515, 21-516, 21-517, 21-518, 21-519, 21-520, 21-521, 21-522, 21-525.

CASE ANNOTATIONS

1. Conviction upheld; lineup procedure not violative of due process; counsel present during viewing. State v. Kelly, 210 K. 192, 499 P.2d 1040.

2. Conviction hereunder affirmed; need not be another person in building at time defendant enters it to convict hereunder. State v. Lora, 213 K. 184, 187, 195, 515 P.2d 1086.

3. Conviction of attempted aggravated burglary; record examined; no error. State v. Nading, 214 K. 249, 519 P.2d 714.

4. Conviction hereunder; record examined; conviction upheld. State v. Winston, 214 K. 525, 520 P.2d 1204.

5. Conviction hereunder; instructions of trial court reviewed and upheld. State v. Atkinson, 215 K. 139, 140, 523 P.2d 737.

6. Conviction hereunder; instruction defining reasonable doubt not erroneous; evidence sufficient; record reviewed; no reversible error. State v. Price, 215 K. 718, 721, 529 P.2d 85.

7. Conviction hereunder and under 21-3427 upheld; no right to have jury trial reinstated after voluntary waiver. State v. Lawrence, 216 K. 27, 530 P.2d 1232.

8. Conviction hereunder and under 21-3502 and 21-3506 reviewed; evidence; instructions; no reversible error. State v. James, 217 K. 96, 535 P.2d 991.

9. Conviction hereunder and of other offenses reviewed; failure to move for severance of offenses constitutes waiver of joinder. State v. Townsley, 217 K. 102, 535 P.2d 1.

10. Conviction hereunder reviewed and conviction upheld. State v. Brown, 217 K. 595, 538 P.2d 631.

11. Alleged trial errors examined on appeal from conviction hereunder; no error. State v. Emery, 218 K. 423, 543 P.2d 897.

12. Alleged errors reviewed and conviction hereunder upheld. State v. Adams, 218 K. 495, 497, 498, 499, 545 P.2d 1134.

13. Convictions hereunder and of other crimes affirmed on review. State v. Lee, 221 K. 109, 110, 558 P.2d 1096.

14. Evidence supported aggravated burglary conviction. State v. Rhone, 219 K. 542, 546, 548 P.2d 752.

15. Evidence sufficient to support conviction for aggravated burglary. State v. Nesmith, 220 K. 146, 150, 551 P.2d 896.

16. Conviction of aggravated assault and aggravated burglary affirmed; no instructions required on lesser crimes. State v. Williams, 220 K. 610, 612, 556 P.2d 184.

17. Conviction hereunder and of other offenses; no error in refusing new trial or in refusing proposed instruction. State v. Robertson, 221 K. 409, 559 P.2d 810.

18. Conviction hereunder affirmed; substitution of alternate juror for excused juror upheld; rule stated. State v. Bircher, 2 K.A.2d 15, 573 P.2d 1128.

19. Conviction of aggravated robbery and aggravated burglary affirmed; confession independent evidence. State v. Goodwin, 223 K. 257, 573 P.2d 999.

20. No abuse of discretion in refusing to grant separate trials nor in refusal to sever counts; conviction affirmed. State v. Howell, 223 K. 282, 573 P.2d 1003.

21. Record examined on appeal from conviction hereunder and of first degree murder; judgment affirmed. State v. Bishop, 223 K. 539, 544, 574 P.2d 1386.

22. Conviction hereunder reversed; charges dismissed as provided by 22-4401 IV (e). State v. Keener, 224 K. 100, 577 P.2d 1182.

23. Conviction hereunder affirmed; amended complaint proper; failure to give limiting instructions not clearly erroneous. State v. Bell, 224 K. 105, 577 P.2d 1186.

24. Admission of evidence of a similar offense proving identity under 60-455 held proper; conviction affirmed. State v. Gourley, 224 K. 167, 578 P.2d 713.

25. Record reviewed on appeal from conviction hereunder and of other crimes; no error. State v. Howard, 224 K. 208, 209, 579 P.2d 702.

26. Record examined on appeal from conviction hereunder and of other crimes; judgment affirmed. State v. Soles, 224 K. 698, 585 P.2d 1032.

27. No trial court errors found in review of record on appeal from convictions hereunder and of other crimes. State v. Warden, 224 K. 705, 585 P.2d 1038.

28. Conviction hereunder affirmed. State v. Sanders, 225 K. 156, 587 P.2d 906.

29. Conviction hereunder upheld; alleged errors reviewed. State v. Stewart, 225 K. 410, 591 P.2d 166.

30. Court’s exclusion of controverted evidence for purpose of burglary charge held prejudicial error; conviction hereunder reversed. In re Nichols, 2 K.A.2d 431, 436, 580 P.2d 1370.

31. Cited in upholding conviction for first degree felony murder and aggravated burglary; merger doctrine not applicable in this case; criminal trespass not a lesser offense of burglary. State v. Rupe, 226 K. 474, 475, 601 P.2d 675.

32. Amendment of information to include charge of felony murder upheld. State v. Foy, 227 K. 405, 407, 607 P.2d 481.

33. Defendant received effective assistance of counsel; sentencing of defendant proper. State v. Rice, 227 K. 416, 417, 607 P.2d 489.

34. Appeal from conviction hereunder; affirmed. State v. Wilson, 227 K. 619, 608 P.2d 1344.

35. Appeal from order waiving juvenile jurisdiction over juvenile charged hereunder. In re Edwards, 227 K. 723, 608 P.2d 1006.

36. “Presumption of intent” instruction examined and future use disapproved although not reversible error in this case. State v. Acheson, 3 K.A.2d 705, 706, 601 P.2d 375.

37. When murder is committed during commission of felony, rule requiring instructions on lesser included offenses not applicable. State v. Purdy, 228 K. 264, 615 P.2d 131.

38. Evidence of underlying felony of aggravated burglary strong and conclusive; no error in failure to give lesser included instructions based upon alleged intoxication. State v. Case, 228 K. 733, 620 P.2d 821.

39. Expert scientific opinion must be generally accepted as reliable before received in evidence; court did not err in allowing assistant district attorney to testify. State v. Washington, 229 K. 47, 622 P.2d 986.

40. Probable cause for issuance of search warrants discussed; evidence insufficient to support verdicts of guilty of felony murder and aggravated burglary. State v. Williams, 229 K. 290, 623 P.2d 1334.

41. Confession during in-custody interrogation, absence of counsel, voluntariness—factors to consider, right to remain silent all discussed. State v. Newfield, 229 K. 347, 348, 623 P.2d 1349.

42. Defense not surprised by appearance of state’s missing witness; two days before trial witness available for interview. State v. Jordan, 229 K. 558, 559, 629 P.2d 1172 (1981).

43. Insufficient evidence of specific intent to commit rape. State v. Carr, 230 K. 322, 634 P.2d 1104 (1981).

44. Instruction on both entering and remaining when only entering applicable held nonprejudicial error. State v. Brown, 6 K.A.2d 556, 560, 630 P.2d 731 (1981).

45. Invasion of space between the outer window and inner window was sufficient to support aggravated burglary. State v. Crease, 230 K. 541, 638 P.2d 939 (1982).

46. Multiple charges involving three victims consolidated for trial. State v. Bagby, 231 K. 176, 642 P.2d 993 (1982).

47. Prohibitions against wiretapping not applicable where person who made tape recording was undercover agent and one of parties to the conversation. State v. Irving, 231 K. 258, 644 P.2d 389 (1982).

48. Held constitutional; legislative classification of offenses not violative of equal protection clause if reasonably related to objectives. State v. Walters, 8 K.A.2d 237, 240, 655 P.2d 947 (1983).

49. Mere presence of another (victim), regardless of defendant’s knowledge or intent, constitutes aggravated burglary. State v. Reed, 8 K.A.2d 615, 616, 619, 663 P.2d 680 (1983).

50. Where entry obtained by fraud, deceit or pretense, entry is not authorized and without authority. State v. Maxwell, 234 K. 393, 397, 672 P.2d 590 (1983).

51. Pretrial voice identification considered; court may not issue ex parte order of resentencing; defendant must be present at time of sentencing. State v. Coy, 234 K. 414, 420, 672 P.2d 599 (1983).

52. Fingerprint identification and use of photographic evidence discussed at length. State v. Murdock, 236 K. 146, 689 P.2d 814 (1984).

53. Sufficiency of evidence; consolidation of charges. State v. Hanks, 236 K. 524, 525, 536, 694 P.2d 407 (1985).

54. Admission of evidence and testimony; sentence within statutory limits as habitual criminal upheld. State v. Cunningham, 236 K. 842, 846, 695 P.2d 1280 (1985).

55. Refusal to order psychiatric examination for, and use of videotaped deposition of, victim discussed. State v. Wooldridge, 237 K. 737, 703 P.2d 1375 (1985).

56. Polygraph tests, drunkenness, instructions on manslaughter, confession and intent discussed. State v. Mason, 238 K. 129, 708 P.2d 963 (1985).

57. Necessary intent may be formed at time of lawful entry or after consent to such entry is withdrawn. State v. Mogenson, 10 K.A.2d 470, 472, 475, 701 P.2d 1339 (1985).

58. Evidence of prior crimes (60-455), sufficiency of complaint affidavit, photographic evidence, trial consolidation discussed. State v. Breazeale, 238 K. 714, 714 P.2d 1356 (1986).

59. Conviction for acts committed on Indian reservation; Allen instruction, Brady evidence rule, sufficiency of evidence examined. United States v. Blandin, 784 F.2d 1048 (1986).

60. Duty to instruct on lesser crimes, use of preliminary hearing transcript, “unauthorized entry” examined. State v. Fondren, 11 K.A.2d 309, 721 P.2d 284 (1986).

61. Severity of sentence, in-court identifications, photographic evidence of lineup examined. State v. Slansky, 239 K. 450, 720 P.2d 1054 (1986).

62. Statutory guidelines for acceptance of guilty plea (22-3210) examined in 60-1507 proceeding. Noble v. State, 240 K. 162, 727 P.2d 473 (1986).

63. Testimony on incarceration, rebuttal regarding sanity, venue change, hair samples and confession in evidence, jury instructions examined. State v. Alexander, 240 K. 273, 729 P.2d 1126 (1986).

64. Sufficiency of evidence, competency of victim/witness, availability of witness regarding out-of-court statements (60-460(b)) examined. State v. Hicks, 240 K. 302, 729 P.2d 1146 (1986).

65. Recommendation regarding training during incarceration, consideration of sentencing criteria examined. State v. Bennett, 240 K. 575, 731 P.2d 284 (1987).

66. Charges of aggravated robbery and aggravated burglary arising in single transaction are not multiplicitous under facts of case. State v. Holcomb, 240 K. 715, 717, 718, 732 P.2d 1272 (1987).

67. Peremptory challenges of members of defendant’s minority race or group examined. State v. Hood, 242 K. 115, 116, 744 P.2d 816 (1987).

68. Instructions on voluntary intoxication (21-3208), lesser included offenses (21-3107) examined. State v. Shehan, 242 K. 127, 128, 744 P.2d 824 (1987).

69. Evidence available at trial of “newly discovered” evidence tending to impeach or discredit, materiality of evidence examined. Baker v. State, 243 K. 1, 3, 12, 755 P.2d 493 (1988).

70. Exploitation of defendant’s silence after Miranda warnings as violation of due process examined. State v. Higgins, 243 K. 48, 49, 755 P.2d 12 (1988).

71. Application of statute to include multi-unit structures containing living quarters determined. State v. Dorsey, 13 K.A.2d 286, 289, 769 P.2d 38 (1989).

72. Leaving vehicle on golf course with lights on and keys in ignition while police in pursuit considered as “abandonment” permitting search examined. State v. Brunson, 13 K.A.2d 384, 385, 771 P.2d 938 (1989).

73. Right to Miranda warning and counsel during custodial interrogation, right against self-incrimination, parole status evidence, murder statute examined. State v. Hartfield, 245 K. 431, 432, 781 P.2d 1050 (1989).

74. Evidence of witness’ drug involvement as inadmissible to impeach credibility (60-241) examined. State v. Jarmon, 245 K. 634, 783 P.2d 1267 (1989).

75. Authority of accused to enter premises not negated by entry for unlawful purpose. State v. Harper, 246 K. 14, 25, 785 P.2d 1341 (1990).

76. Defendant’s right to counsel at hearing on motion to modify sentence (21-4603(3)) determined. State v. Pierce, 246 K. 183, 184, 787 P.2d 1189 (1990).

77. Reversal of aggravated robbery (21-3427) conviction where “threat of bodily harm or force” not alleged determined. McLain v. State, 14 K.A.2d 329, 330, 789 P.2d 1201 (1990).

78. Suggestive pretrial procedures, evidence from automobile and home, sufficiency of evidence, peremptory challenges examined. State v. Skelton, 247 K. 34, 795 P.2d 349 (1990).

79. Instruction on aggravated burglary erroneous where essential element of human presence omitted. State v. Crawford, 247 K. 223, 227, 228, 795 P.2d 401 (1990).

80. Defendant’s offer of rebuttal evidence where state introduces evidence of previous sexual conduct (21-3525) examined. State v. Beans, 247 K. 343, 800 P.2d 145 (1990).

81. Warrantless arrest, probable cause for search warrant, jury selection and instructions, gruesome photographs, hearsay testimony, sentence enhancement examined. State v. Mayberry, 248 K. 369, 372, 807 P.2d 86 (1991).

82. Cited where case dealt primarily with issues of instructions on lesser offenses of homicide. State v. Dixon, 248 K. 776, 778, 811 P.2d 1153 (1991).

83. Jury panel selection, complaining witness counsel, closing argument misconduct, insanity defense, press access to affidavits supporting probable cause examined. State v. Baker, 249 K. 431, 433, 819 P.2d 1173 (1991).

84. Contention that conviction hereunder should be reversed because of insufficient evidence of intent to commit two of three alternatively charged felonies without merit. State v. Richmond, 250 K. 375, 376, 827 P.2d 743 (1992).

85. Failure to suppress defendant statements, trial judge remarks to jury, evidence unavailable to defendant, requested instructions examined. State v. Nguyen, 251 K. 69, 71, 833 P.2d 937 (1992).

86. Jury selection by voter registration lists, evidence of gang membership examined. State v. Bailey, 251 K. 156, 158, 834 P.2d 342 (1992).

87. Jurisdiction over defendant/inmate transferred from institution and arrested in another county examined. State v. Hammond, 251 K. 501, 502, 837 P.2d 816 (1992).

88. Evidence supporting determination to try juvenile as adult (38-1636) upheld; admission of confession, evidence of gang membership examined. State v. Hooks, 251 K. 755, 756, 840 P.2d 483 (1992).

89. Conviction reversed where instruction failed to state specific underlying felony or felonies and their elements. State v. Linn, 251 K. 797, 801, 802, 840 P.2d 1133 (1992).

90. Sufficiency of evidence examined (related first-degree murder case where bodies of victims never found). State v. Grissom, 251 K. 851, 899, 840 P.2d 1142 (1992).

91. Trial of juvenile as adult, selection of jury, application of rape shield statute. State v. Walker, 252 K. 117, 118, 843 P.2d 203 (1992).

92. Cited; defendant allowed one request for modification of sentence under 21-4603. State v. Smith, 17 K.A.2d 746, 843 P.2d 297 (1992).

93. Jury selection, confession, gang membership, rape shield statute, photographic exhibits, trial misconduct, instructions, peremptory challenge, “Hard 40” statute, examined. State v. Walker, 252 K. 279, 281, 845 P.2d 1 (1993).

94. Cited; whether criminal trespass is a lesser included offense of burglary; legislative history examined. State v. Rush, 255 K. 672, 675, 877 P.2d 386 (1994).

95. Whether discretion abused where judge stated defendant’s knowledge of human presence not essential element examined. State v. Morris, 255 K. 964, 986, 880 P.2d 1244 (1994).

96. Whether court erred by failing to instruct on attempted simple burglary as a lesser included offense of attempted aggravated burglary examined. State v. Watson, 256 K. 396, 399, 885 P.2d 1226 (1994).

97. Whether consecutive sentences required when defendant assigned to community corrections commits new felony; whether action departure discussed. State v. Howard, 20 K.A.2d 252, 253, 885 P.2d 1273 (1994).

98. No error in trial court’s failure to set out statutory elements of underlying felonies in aggravated battery jury instructions. State v. Hill, 257 K. 774, 788, 895 P.2d 1238 (1995).

99. Requires proof of specific intent; specific intent distinguished from general intent. State v. Esher, 22 K.A.2d 779, 783, 922 P.2d 1123 (1996).

100. Evidence sufficient for aggravated robbery conviction where defendant removes items from victim’s body after killing victim. State v. Holt, 260 K. 33, 42, 917 P.2d 1332 (1996).

101. Witness alleged lack of credibility did not render evidence insufficient for aggravated burglary conviction. State v. Abel, 261 K. 331, 337, 932 P.2d 952 (1997).

102. Evidence sufficient to prove defendant guilty of underlying felonies in felony-murder conviction. State v. Noriega, 261 K. 440, 446, 449, 932 P.2d 940 (1997).

103. No abuse of discretion in imposing same sentence as originally imposed; appellant not eligible for retroactive application of sentencing guidelines. State v. Goodwin, 261 K. 961, 933 P.2d 689 (1997).

104. Burglary conviction reversed based on insufficient evidence supporting element of entry to building without authority. State v. Johnson, 266 K. 322, 326, 970 P.2d 990 (1998).

105. In aggravated burglary case involving theft of tools, negligence of police in losing tools does not release defendant from liability for making restitution. State v. Sammons, 31 K.A.2d 135, 61 P.3d 106 (2003).

106. Order of restitution affirmed where tools taken by defendant placed in defendant’s truck, truck towed to parking lot by police, but tools never recovered. State v. Sammons, 276 K. 574, 78 P.3d 470 (2003).

107. In prosecution for burglary, no requirement that structure be occupied at time of defendant’s entry; sufficient if structure becomes occupied sometime during course of burglary. State v. Romero, 31 K.A.2d 609, 69 P.3d 205 (2003).

108. Entering business from enclosed mall is entering building for purposes of aggravated burglary. State v. Vinyard, 2 K.A.2d 39, 78 P.3d 1196 (2003).

109. Gang slaying affirmed; victim sustained 16 gun shot wounds plus one stab wound. State v. Ly, 277 K. 386, 85 P.3d 1200 (2004).

110. Assignment to Labette Correctional Conservation Camp as condition of probation does not satisfy assignment to community corrections requirement of section. State v. Banning, 34 K.A.2d 783, 125 P.3d 573 (2005).

111. Discussed regarding multiplicity of convictions. State v. Pham, 281 K. 1227, 1262, 136 P.3d 919 (2006).

112. Under the same-elements test, convictions for aggravated burglary hereunder and robbery under 21-3426 are not multiplicitous. State v. Smith, 36 K.A.2d 606, 611, 142 P.3d 739 (2006).

113. Phrases “entering into” and “remaining within” elements of crime discussed and applied. State v. Gutierrez, 285 K. 332, 336, 172 P.3d 18 (2007).

114. Charge hereunder, state must prove beyond reasonable doubt that defendant’s entry is without authority. State v. Birth, 37 K.A.2d 753, 758, 776, 158 P.3d 345 (2007).

115. Section mentioned in case involving enhanced sentence pursuant to K.S.A. 21-4504. State v. Kimsey, 38 K.A.2d 319, 322, 164 P.3d 841 (2007).

116. Mentioned; statute of limitation held to have run in cases involving nameless warrant containing DNA references. State v. Belt, 285 K. 949, 959, 179 P.3d 443 (2008).

117. Burglary in unfinished medical center upheld; “building” and “dwelling” construed. State v. Storey, 286 K. 7, 15, 179 P.3d 1137 (2008).

118. Presence of a person in a structure at any time during a burglary constitutes aggravated burglary. State v. May, 39 K.A.2d 990, 992, 994, 186 P.3d 847 (2008).