State v. Randle

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 119,720 STATE OF KANSAS, Appellee, v. RITCHIE D. RANDLE, Appellant. SYLLABUS BY THE COURT 1. An appellate court reviews instructional error claims in multiple steps. First, it decides whether the issue was properly preserved. Second, it considers whether the instruction was legally and factually appropriate. It exercises unlimited review of these questions. And when the reviewing court finds error, it considers whether that error is reversible. If the defendant properly requested the instruction in district court, the State must establish there…