State v. Plummer

The opinion of the court was delivered by

Johnson, J.:

On direct appeal of his conviction for the aggravated robbery of a Target store employee, Douglas Plummer raised the issue of whether the district court committed reversible error by refusing to give the jury a lesser included offense instruction on the crime of simple theft. A panel of the Court of Appeals found that the refusal to give tire theft instruction was reversible error and remanded the case to the district court for a new trial. State v. Plummer, 45 Kan. App. 2d 700, 251 P.3d 102 (2011). The State petitioned for our review of…