State v. Mogenson

Abbott, J.:

This is a direct appeal by the defendant, Paul Mogenson, from his convictions of aggravated battery (K.S.A. 21-3414), aggravated burglary (K.S.A. 21-3716), and terroristic threat (K.S.A. 1984 Supp. 21-3419[a]). The victim of these crimes was Mogenson’s estranged wife, Jeanne.

The defendant asserts two errors were committed by the trial court: (1) admitting evidence of prior incidents between the defendant and his estranged wife; and (2) the response given to the jury’s question regarding the aggravated burglary instruction.

I. Evidence of Other Crimes or Civil Wrongs.

The trial judge…