State v. Belt
94435
| Kan. | Oct 21, 2016Background
- Victim L.G., a housekeeper, was found decapitated and mutilated in a vacant Wichita apartment on June 25, 2002; the head was never recovered and the body showed sharp-force injuries, genital mutilation, and evidence of burning with accelerant.
- DNA from an unknown contributor on a patio railing stain and on items of the victim’s clothing matched Belt; other forensic evidence (blood patterns, burns, accelerant) tied events to the scene.
- Belt admitted being with L.G. that night, described some sexual contact he said was consensual, and was recorded admitting he probably was the last person to see her alive.
- State charged Belt with capital murder under K.S.A. 21-3439(a)(4) (killing during or after attempted rape), attempted rape, and aggravated arson; K.S.A. 60-455 evidence of prior rapes linked by DNA was admitted for intent/plan.
- Jury convicted on capital murder, attempted rape, and level-3 aggravated arson; death sentence imposed. Belt died in prison during the direct appeal; under State v. Hollister the court limited review to issues that could posthumously exonerate him.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Belt) | Held |
|---|---|---|---|
| Sufficiency of evidence that attempted rape supported capital murder (whether overt act and intent proven) | Evidence (Belt’s admissions, victim unclothed, DNA on clothing, genital mutilation, attempt to burn body) supports sexual intent and overt act (removal of clothing) so jury could find attempted rape beyond a reasonable doubt | Removal of clothing and other facts insufficient to prove intent to rape or an overt act toward rape; challenges weight and inferences | Affirmed: circumstantial and direct evidence sufficient for attempted rape as underlying felony of capital murder when viewed in light most favorable to State |
| Sufficiency of evidence for level-3 aggravated arson (whether fires created substantial risk of bodily harm) | Use of accelerant, unattended smoldering fires, smoke activation, no warning to other occupants, and resulting damage created substantial risk of bodily harm | Fires did not necessarily create substantial risk to others; argues lesser severity warranted (level 6) | Affirmed: evidence supported finding of substantial risk of bodily harm; level‑3 classification upheld |
| Multiplicity of attempted rape conviction with capital murder conviction | Counts are distinct prosecutions but elements of attempted rape are subsumed in capital murder charged under K.S.A. 21-3439(a)(4) | Conviction and sentence for both permissible | Reversed attempted rape conviction and vacated its sentence as multiplicitous under Appleby (attempted rape is lesser‑included offense) |
| Scope of appellate review after defendant’s death | Hollister allows appellate review of select issues of statewide interest, remaining controversy, or capable of repetition; court should limit issues accordingly | N/A (defense requested relief on various grounds but death narrowed review) | Court limited review to three issues that could exonerate Belt on any conviction, consistent with Hollister |
Key Cases Cited
- State v. Hollister, 300 Kan. 458 (court may continue appeal after defendant's death but may limit issues addressed)
- State v. Gonzales, 245 Kan. 691 (sufficiency supporting attempted rape where victim unclothed, injury patterns, and semen supported sexual intent)
- State v. Longoria, 301 Kan. 489 (circumstantial and forensic evidence can support sexual‑offense findings and attempted rape)
- State v. Lowrance, 298 Kan. 274 (overt act requirement for attempted rape may be satisfied by circumstantial evidence and actions showing inability to consent)
- State v. Appleby, 289 Kan. 1017 (when capital murder is charged under K.S.A. 21-3439(a)(4), the specified sex crime is a lesser‑included offense; convictions for both are multiplicitous)
- State v. Woods, 301 Kan. 852 (standard of review for sufficiency of the evidence)