State v. Turner

Larson, J:

Phillip Turner appeals his jury conviction for aggravated assault, contending the evidence was insufficient, the trial court abused its discretion by failing to assign him to community corrections, and the sentence imposed was the result of partiality, prejudice, and corrupt motive.

On August 15, 1989, Jeffrey Gardner, a resident in a boarding house in Lawrence, Kansas, heard an argument, screaming and hollering coming from Turner’s room located directly below his. Gardner went downstairs to ask Turner to quiet down. Gardner spoke about the noise with Turner’s wife, Lana Robb, whom…