State v. Gentry

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 116,371 STATE OF KANSAS, Appellee, v. STEPHEN A. GENTRY, Appellant. SYLLABUS BY THE COURT 1. An aider or abettor cannot be guilty of a crime if the primary actor did not have the requisite mental state of the crime. 2. Attempted unintentional but reckless second-degree murder and attempted reckless involuntary manslaughter are not recognized offenses in Kansas. 3. Under K.S.A. 2018 Supp. 21-5202(c), the State can establish that a defendant acted recklessly if it proves that the defendant acted knowingly or intentionally. But the statute does not…