State v. Gomez

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 126,225 STATE OF KANSAS, Appellee, v. PATRICIO SABAS GOMEZ, Appellant. SYLLABUS BY THE COURT 1. If a defendant claims a jury instruction contained an alternative-means error, the reviewing court must consider whether the instruction was both legally and factually appropriate. The court will use unlimited review to determine whether the instruction was legally appropriate and will view the evidence in the light most favorable to the requesting party when deciding whether the instruction was factually appropriate. Upon finding error, the court…