State v. Smith

The opinion of the court was delivered by

McFarland, J.:

Charles B. Smith appeals his jury trial convictions of aggravated burglary (K.S.A. 21-3716), attempted aggravated robbery (K.S.A. 21-3301, K.S.A. 21-3427), aggravated battery (K.S.A. 21-3414), and kidnapping (K.S.A. 21-3420). All convictions arise from the events occurring during the late evening of May 19,1981, at the residence of the Jamie Coulter family in Wichita. Additional facts will be supplied as needed for determination of particular issues.

The first issue is whether the trial court erred in sentencing defendant under K.S.A.…