State v. Boyd
268 P.3d 1210
Kan. Ct. App.2011Background
- Boyd IV was convicted by a Johnson County jury of aggravated robbery and aggravated assault arising from a Sonic restaurant robbery with a confederate wielding a handgun.
- He was charged as both principal and aider and abettor on all counts; jury instructions authorized liability as either theory.
- Boyd argued that aiding and abetting constitutes an alternative means to being a principal, which could violate unanimity requirements if not supported evidentially.
- Evidence showed Boyd participated in taking money and directed actions during the robbery; Shivers possessed the handgun and committed the assault.
- The district court sentenced Boyd to a 233-month term for aggravated robbery, with concurrent shorter terms for the other counts.
- On appeal, Boyd challenged alternative means theory, aiding-and-abetting liability, and sentencing based on prior convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do aiding and abetting create alternative means | Boyd | Boyd | Yes; aiding and abetting is an alternative means |
| Are ‘taking from the person’ vs ‘from the presence’ of the victim separate means | Boyd | Boyd | No; umbrella term covers both forms |
| Does K.S.A. 21-3205(1) create alternative means | State | Boyd | No; Johnson controls; no distinct alternative means |
| Does K.S.A. 21-3205(2) foreclose or expand liability for aggravated assault | State | Boyd | No; liability for any reasonably foreseeable crime during the intended crime; independent ground |
| Was sentencing error created by using past convictions | State | Boyd | No; Apprendi issue rejected; standard sentencing affirmed |
Key Cases Cited
- State v. Schreiner, 46 Kan. App. 2d 778 (2011) (alternative means requires evidence to support each means)
- State v. Wright, 290 Kan. 194 (2010) (unanimity concerns for alternative means)
- State v. Johnson, 46 Kan. App. 2d 870 (2011) (aiding and abetting not an independent alternative means)
- State v. BeckeR, 290 Kan. 842 (2010) (evidence supports liability as both aider and abettor and principal)
- State v. Griffin, 279 Kan. 634 (2005) (all participants can be liable for reasonably foreseeable additional crimes)
- State v. Scott, 285 Kan. 366 (2007) (acquittal when lack of evidence on one means; double jeopardy concerns)
- State v. Hollins, 9 Kan. App. 2d 487 (1984) (recognizes remedy for lack of evidence on alternative means)