State v. Owens

The opinion of the court was delivered by

Six, J.:

Archie E. Owens, Jr., appeals his jury convictions of first-degree murder (K.S.A. 21-3401) and theft over $500 (K.S.A. 21-3701). We have jurisdiction under K.S.A. 22-3601(b)(l). This appeal considers as primary issues the defendant’s alleged amnesia and his competency to stand trial. Ancillary issues concern the validity of jury instruction PIK Crim. 2d 52.13 concerning a defendant’s choosing not to testify and of the trial court’s refusal to instruct on the lesser included offense of misdemeanor theft. We find no error and affirm.

Owens was a…