State v. Horn, 302 Kan. 255

Curtis T. Horn pleaded guilty to two counts of felony murder for the February 2, 2013 deaths of his girlfriend Brandi Johnson and Johnson's 2-year-old niece Amiyah McClenton after Horn strangled Johnson and then set fire to the apartment.
Horn admitted he intentionally set the fire in the living room, did not anticipate killing the child, and left the scene without calling police.
Before sentencing Horn moved for concurrent sentences, citing cooperation, remorse, family support, limited prior record, plea savings to the State/victims, and substance impairment.
The State sought consecutive life sentences, emphasizing each life taken, community danger, and victims’ impact statements from about 20 family/friends demanding maximum penalties.
The district court imposed two consecutive life sentences (with mandatory minimums), finding Horn’s conduct after the strangulation—placing the toddler in a bedroom and setting the fire—especially senseless and horrific, and did not abuse discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court abused its discretion by ordering consecutive life sentences	State: district court acted within discretion to impose consecutive sentences for each life taken	Horn: consecutive sentences are unwarranted; urged concurrent sentences based on cooperation, remorse, minimal record, plea, and intoxication	No abuse of discretion; court adequately explained reasons and a reasonable person could agree
Whether the record contained adequate explanation for consecutive sentences	State: district court provided reasons tied to facts and victim vulnerability	Horn: court failed to adequately explain decision	Court made sufficient factual findings (senselessness of conduct, vulnerability of child)
Whether appellate review is barred by sentencing guidelines	Horn: contends challenge permissible because sentences are off-grid life sentences	State: discretionary review applies; RKSGA restrictions inapplicable	RKSGA limitations do not apply to off-grid life sentences; Horn may appeal sentencing decision
Standard for abuse of judicial discretion	N/A	Horn argues standard compels reversal where court gave insufficient justification	Court applied established three-part abuse standard and found none of the prongs met

State v. Mosher, 299 Kan. 1, 319 P.3d 1253 (2014) (discretion to impose concurrent or consecutive sentences and RKSGA limits)
State v. Ross, 295 Kan. 1126, 289 P.3d 76 (2012) (distinguishing on-grid and off-grid sentencing applicability)
State v. Ward, 292 Kan. 541, 256 P.3d 801 (2011) (three-fold abuse of discretion standard)