State v. Roberts

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 122,837 STATE OF KANSAS, Appellee, v. ANTHONY ROBERTS JR., Appellant. SYLLABUS BY THE COURT 1. An appellate court reviews an instructional error claim in multiple steps. First, the court decides whether the issue was properly preserved. Second, it considers whether the instruction was legally and factually appropriate. In doing so, the court exercises unlimited review of the entire record and views the evidence in the light most favorable to the requesting party. And, finally, when the reviewing court finds error, it determines whether that…