State v. Barnes

Pierron, J.:

Dywand Barnes appeals from a jury conviction for aggravated robbery. Barnes argues the trial court violated his rights under the Sixth Amendment to the United States Constitution to a public trial when it improperly closed the courtroom to the public. Barnes also argues the trial court erred in failing to instruct the jury on lesser included offenses of aggravated robbery. We reverse and remand for a new trial.

On April 19,2008, Ernest Gergick was working at his liquor store at 7832 Leavenworth Road, in Wyandotte County, Kansas. That evening, a man wearing a mask and a hoodie…