State v. Brown
368 P.3d 1101
Kan.2016Background
- On Jan. 2, 2013, Shawn Rhone arranged to meet a caller (linked to defendant Milo J. Brown by cell‑phone records) to purportedly buy marijuana; Rhone was shot and later died near a QuikTrip.
- Police recovered multiple bullets from the scene and vehicle; ballistics showed at least two guns were used. A GPS monitor placed Brown near Northeast Parkway at the relevant time.
- A jailhouse witness testified Brown admitted he and accomplices (including Myron Peterson) lured Rhone to rob him of drugs, confronted him in his car, and then shots were fired; the witness could not confirm whether drugs were taken.
- No drugs were recovered on Rhone, in his car, between the scene and the QuikTrip, or from Brown when detained; prosecution presented alternative inferences (drugs not present, taken before or after shooting, or disposed of and not found).
- Brown was convicted by a jury of two counts of first‑degree felony murder (predicate: aggravated robbery or criminal discharge of a firearm), attempted aggravated robbery, aggravated burglary, criminal possession of a firearm by a felon, and criminal discharge of a firearm; sentenced to life (no parole for 20 years) for felony murder plus additional on‑grid terms.
Issues
| Issue | State's Argument | Brown's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempted aggravated robbery | Evidence (phone links, GPS, jailhouse admission, gunfire, and absence of recovered drugs) permits inference robbery may have been attempted but not completed | Insufficient: failure to show robbery was not completed because drugs were not recovered — so attempt element (failure to complete) not proved | Affirmed: reasonable juror could infer the robbery was unsuccessful; evidence sufficient for attempt |
| Sufficiency of evidence for felony murder (predicate aggravated robbery/attempt) | Felony murder may be based on completed or attempted aggravated robbery; killing occurred during res gestae of the robbery/attempt | Contended felony‑murder fails if attempted robbery not proven | Affirmed: felony murder satisfied because death occurred within the res gestae of the intended aggravated robbery (statute covers ‘‘in the commission of’’ or ‘‘attempt to commit’’) |
| Proper interpretation of felony‑murder temporal scope | Statute’s phrase "in the commission of, attempt to commit, or flight from" covers broader time frame than attempt; res gestae governs | Argued narrower view or that lack of completed robbery defeats felony‑murder liability | Affirmed: legislative intent supports including killings during the res gestae of an attempted felony |
| Legality of sentence (multiple convictions/on‑grid vs off‑grid) | Life term for off‑grid felony murder controlled by separate statutes; §21‑6819(b)(4) cap applies only to on‑grid multiple sentences | Argued total sentence exceeded statutory cap (twice the base sentence) and thus was illegal | Affirmed: §21‑6819(b)(4) cap applies to on‑grid multiple sentences; mandatory life for off‑grid crimes and parole rules govern here, so sentence was not illegal |
Key Cases Cited
- State v. Brown, 300 Kan. 542 (supports sufficiency for attempted aggravated robbery where completion uncertain)
- State v. Cameron, 300 Kan. 384 (defines res gestae and dual causation elements for felony murder)
- State v. Cheffen, 297 Kan. 689 (statutory construction: phrase covering ‘‘in the commission of, attempt to commit, or flight from’’ describes circumstances for felony murder)
- Jacques v. State, 270 Kan. 173 (time, distance, and causal relation guide felony‑murder application)
- State v. Branch and Bussey, 223 Kan. 381 (attempted robbery can set in motion events foreseeably causing death)
- State v. McClelland, 301 Kan. 815 (discusses felony murder and application of Branch/Bussey principles)