State v. Fosnight

The opinion of the court was delivered by

Miller, J.:

This is an appeal by Rodney Fosnight from his conviction of aggravated robbery, K.S.A. 21-3427, resulting from his jury trial in Montgomery District Court. Three issues are presented: Whether the evidence was sufficient to sustain the trial court’s denial of defendant’s motion for judgment of acquittal and to sustain the conviction; whether defendant’s absence from a hearing in chambers, when his counsel asked leave to withdraw, constituted reversible error; and whether the sentence imposed pursuant to the habitual criminal statute, K.S.A.…