State v. Carter

Green, J.:

Following a jury trial, Billy Wayne Carter; II, was convicted of fleeing or attempting to elude a law enforcement officer, obstruction of official duty, and battery on a law enforcement officer. Carter was sentenced to 24 months’ probation with an underlying prison term of 36 months for the convictions. On appeal, Carter contends that the State violated his Fifth Amendment rights by commenting on his post-Miranda silence. In addition, Carter maintains that his conviction for attempting to elude capture under K.S.A. 8-1568(b)(2) was not supported by sufficient evidence. We disagree…