State v. Davison

Bukaty, J.:

Paul L. Davison appeals his conviction for the crime of removal of a theft detection device, in violation of K.S.A. 21-3764(d). He argues the district court clearly erred in instructing the jury on the elements of the offense. We agree.

The district court instructed the jury based on the recommended language in PIK Crim. 3d 59.67-B that was in effect at the time of trial. After the trial, that instruction was modified with some additional language. We conclude that the instruction given by the court, even though in line with the recommended PIK instruction at the time, was an…