State v. Cook, 249 P.3d 454

Cook was convicted of felony possession of marijuana after officers found marijuana on him following a late-night pursuit related to a reported shooting.
The state sought to admit evidence of Cook's prior marijuana conviction to impeach credibility and for other purposes under K.S.A. 60-455.
The trial court admitted the prior-conviction evidence, and Cook testified in his defense denying receipt of the jacket and alleging police fabrication.
During cross-examination, the prosecutor sought to elicit details of Cook's prior marijuana conviction and probation, and the court allowed limited questioning.
The jury heard the prior conviction; Cook received an 18–22 month presumptive sentence, ultimately 20 months, consecutive to his prior sentence, and he appeals on multiple grounds.
The appellate court reverses and remands for a new trial on all issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of prior conviction under 60-455	Cook: prior conviction not relevant or material	State: evidence shows bias/credibility, relevant to material facts	Admission error; not substantial and prejudicial; reversal required
Prosecutorial misconduct in closing	Cook: closing improperly emphasized prior conviction to unfairly bias jury	State: arguments within permissible scope and persuasive given evidence	Misconduct established; not harmless; reversible error
Cumulative error	Cumulative errors denied fair trial	Errors collectively prejudicial	Cumulative error reversed for new trial
Right to new counsel not violated	Cook: request for substitute counsel should have been granted	Court acted within discretion, not abuse	No abuse; denial affirmed
Apprendi/Blakely-type sentencing issue (prior convictions)	Sentence enhanced by prior convictions not proven to jury	Ivory controls; precedent binding	Ivory remains controlling; issue rejected

State v. Houston, 289 Kan. 252 (2009) (relevance and materiality standard for evidence; 60-455 analysis)
State v. Reid, 286 Kan. 494 (2008) (probative value and materiality of evidence; 60-401(b) standard)
State v. Boggs, 287 Kan. 298 (2008) (prejudicial risk of prior-crimes evidence; 60-455 guidance)
State v. Gunby, 282 Kan. 39 (2006) (harmless error framework for evidentiary error; 60-261; 60-261/Chapman)
State v. Pabst, 273 Kan. 658 (2002) (harmlessness when 60-455 instruction is missing; standard for reversal)
State v. Ivory, 273 Kan. 44 (2002) (Apprendi-type sentencing framework, upholding Ivory rule)
State v. Raschke, 289 Kan. 911 (2009) (Ivory continuing authority on sentencing enhancements)
State v. Macomber, 241 Kan. 154 (1987) (impeachment and credibility limitations for prior convictions of a defendant)