State v. Gray, 459 P.3d 165

Background

Victim C.R. was found dead in her bathtub from 37 stab wounds and asphyxiation; crime scene showed a broken window, blood throughout the house, and signs someone attempted to clean blood.
Forensic evidence tied Marvin L. Gray to the scene: his blood and semen were found on multiple items, his fingerprints/handprints were on the broken window, and semen was on a vaginal swab.
Gray gave inconsistent statements to police, ultimately admitting he was at C.R.’s house and had consensual sex there; police evidence contradicted parts of his earlier accounts.
Gray was charged with first-degree premeditated murder, rape, aggravated criminal sodomy, and aggravated burglary; convicted of first-degree murder, rape, and aggravated burglary; sentenced to life without parole plus consecutive prison terms.
Before trial the State sought admission of prior sexual-offense evidence (2006, 2010, 2013); the court admitted the 2013 incident under K.S.A. 60-455 and gave a limiting instruction that the evidence was for intent on the sex counts only.
On direct appeal Gray raised (1) an identical-offense sentencing claim (unpreserved), (2) a statutory jurisdiction argument under K.S.A. 21-6820(e)(3), (3) challenge to admission of prior-sexual-misconduct evidence under K.S.A. 60-455, and (4) failure to give a lesser-included instruction on intentional second-degree murder.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Gray)	Held
Identical-offense sentencing (preservation)	State: Gray did not preserve the claim; appellate review is not required.	Gray: First raised on appeal — identical-offense doctrine requires sentencing on the lesser offense.	Court: Declined to consider the unpreserved claim; affirmed because Gray failed to raise it below and exceptions not applied.
K.S.A. 21-6820(e)(3) jurisdictional claim	State: The statute governs classification/ranking review, not a challenge to the court’s authority to sentence on the convicted offense.	Gray: Statute confers appellate jurisdiction to review sentencing errors, so court must consider his unpreserved claim.	Court: Statute does not require review here; Gray’s claim is not a classification challenge, so statute does not compel review.
Admission of prior sexual-misconduct evidence (K.S.A. 60-455)	State: The 2013 rape evidence was admissible to prove intent for the sex charges and its probative value outweighed prejudice; limiting instruction sufficed.	Gray: Evidence was unduly prejudicial and jury could not be expected to follow the limiting instruction, contaminating the murder count.	Court: No abuse of discretion; probative value supported admission; jury presumed to follow limiting instruction; admission affirmed.
Failure to instruct on intentional second-degree murder (lesser-included)	State: Omission was not reversible error; evidence of premeditation was strong.	Gray: Court should have instructed on second-degree intentional murder as a lesser-included offense.	Court: Reviewed under clear-error standard (instruction not requested); omission was harmless given overwhelming evidence of premeditation; affirmed.

Key Cases Cited

State v. Perkins, 310 Kan. 764 (2019) (preservation rule: appellate courts generally do not consider issues not raised below)
State v. Parry, 305 Kan. 1189 (2017) (decision to review unpreserved claims under exceptions is prudential, discretionary)
State v. Godfrey, 301 Kan. 1041 (2014) (framework for considering exceptions to preservation)
State v. Perez, 306 Kan. 655 (2017) (admission of prior sexual-offense evidence and use of limiting instructions)
State v. McLinn, 307 Kan. 307 (2018) (definition and factors for premeditation analysis)
State v. Blansett, 309 Kan. 401 (2019) (multiple stab wounds can support finding of premeditation)
State v. Seba, 305 Kan. 185 (2016) (presumption that jurors follow instructions)
State v. Williams, 308 Kan. 1439 (2019) (standards for reviewing jury-instruction errors and reversibility inquiry)
State v. Gentry, 310 Kan. 715 (2019) (clear-error standard for unrequested lesser-included instructions)