State v. Cope

The opinion of the court was delivered by

McFarland, C.J.:

Gerald L. Cope was convicted in a jury trial of making a criminal threat (K.S.A. 21-3419[a][l]). He appealed therefrom, raising three issues: (1) constitutionality of K.S.A. 21-3419(a)(1); (2) sufficiency of the evidence supporting his conviction; and (3) alleged error in the trial court’s denial of his motion to disqualify the Johnson County District Attorney’s office. The Court of Appeals: (1) upheld the constitutionality of the statute; (2) held the evidence to be insufficient, reversing the conviction; and (3) declined to address…