State v. Johnson

The opinion of the court was delivered by

Six, J.:

This first-degree murder case was tried to the court at defendant’s request. Joseph D. Johnson was convicted of first-degree murder, K.S.A. 1992 Supp. 21-3401; conspiracy to commit first-degree murder, K.S.A. 21-3302; aggravated burglary, K.S.A. 1992 Supp. 21-3716; contributing to a child’s misconduct, K.S.A. 21-3612(e); solicitation, K.S.A. 21-3303; unlawful discharge of a firearm at an occupied dwelling, K.S.A. 1992 Supp. 21-4219(b); and aggravated intimidation of a witness, K.S.A. 21-3833.

The issues are whether: (1) the lesser included…