State v. Mathis

The opinion of the court was delivered by

Allegrucci, J.:

Coy Mathis was charged with two counts of abuse of a child and one count of felony murder for the death of the child. At the conclusion of the State’s evidence, the trial court dismissed one of the counts of abuse of a child finding that that charge had merged with the felony-murder charge. The State appealed that ruling on a question reserved. K.S.A. 2005 Supp. 22-3602(b)(3). The State’s appeal was assigned case number 87,763.

Mathis was found guilty by a jury of felony murder and not guilty of the remaining count of abuse of a child. He…