State v. Toney

The opinion of the court was delivered by

McFarland, J.:

Dementrius Toney appeals his jury trial convictions of first-degree murder (K.S.A. 1992 Supp. 21-3401) and two counts of unlawful possession of a firearm (K.S.A. 1992 Supp. 21-4204).

For his first issue, defendant contends the trial court abused its discretion in allowing the State to present evidence concerning gang membership and gang behavior.

At about 6:15 p.m. on the evening of August 23, 1991, 15-year-old Tommy O’Neal was riding his bicycle on Piatt Street in Wichita. An automobile was observed following him. Very shortly thereafter,…