State v. Cook

The opinion of the court was delivered by

Abbott, J.:

This is a direct appeal by the defendant, Kenneth M. Cook, from his conviction for first-degree murder (K.S.A. 1992 Supp. 21-3401[a]) and from his “hard 40” sentence.

Cook raises five issues. Three issues deal with jury instructions and jury orientation commentary; one issue deals with whether a State witness was unavailable so that the witness’ testimony from the preliminary hearing could be used at the defendant’s trial; and the last issue deals with the sufficiency of evidence to. warrant the imposition of the hard 40 sentence.

*372This case…