State v. Armstrong

The opinion of the court was delivered by

Beier, J.:

This consolidated appeal follows dismissals of four criminal cases on the ground that K.S.A. 2002 Supp. 21-3764(d), which defines unlawful removal of a theft detection device, is unconstitutionally vague.

Michael Armstrong, Winerford Hill, Sr., Clifford Griggs, and Kimona Sawyer were each charged with violating the statute. Unlawful removal of a theft detection device is a severity level 9 nonperson felony. K.S.A. 2002 Supp. 21-3764(1).

Defendant Armstrong’s charge arose out his conduct at a Home Depot hardware store. Theft detection sensors…