State v. Mitchell

The opinion of the court was delivered by

Rosen, J.:

The State brings an interlocutory appeal in this criminal proceeding, questioning the district court’s decision regarding a stipulation to a prior offense. The prior offense was a necessary element to establish that defendant Mario Larenzo Mitchell illegally possessed a firearm in violation of K.S.A. 21-4204(a)(2).

Mitchell was charged with one count of first-degree, premeditated murder or, in the alternative, one count of felony murder based on the underlying felony of aggravated assault; two counts of aggravated assault; and one count of…