State v. McClelland
301 Kan. 815
| Kan. | 2015Background
- On Aug. 29, 2011, Kyree McClelland entered David Laeli’s home armed, demanded money, and struggled with occupants Timothy Stone and Cecil Penry; during the struggle a gun discharged and Stone later died.
- McClelland was charged with first‑degree (felony) murder (predicated on attempted aggravated robbery), three counts of attempted aggravated robbery (victims: Stone, Penry, Laeli), and aggravated burglary. The felony‑murder count did not specify which attempted robbery was the underlying felony.
- At trial the jury was instructed that felony murder is satisfied if Stone was killed while attempting to commit aggravated robbery against Stone, Penry, or Laeli; McClelland was convicted on all counts.
- The district court imposed a hard 20 life sentence for felony murder and consecutive standard sentences for the on‑grid convictions, totaling 153 months consecutive to life.
- On appeal McClelland argued (1) insufficient evidence because one alleged underlying attempted robbery (of Laeli) was completed before the shooting; (2) the felony‑murder instruction was broader than the charging document; and (3) the consecutive on‑grid sentences violated the statutory "double rule." The State conceded the double‑rule error.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (McClelland) | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder | Evidence supports that the killing was part of the underlying attempted aggravated robbery(s); res gestae, time/distance/causal factors satisfied | The attempted robbery of Laeli was complete before Stone was shot, so that alternative means lacked sufficient evidence | Affirmed: evidence sufficient as to each alternative; killing was part of the underlying felony (res gestae and causal connection present) |
| Jury instruction breadth on felony murder | Instruction tracked the complaint (attempted aggravated robbery as underlying felony) and merely specified three victims as alternative means | Instruction was broader than the charging document because complaint didn’t identify which attempted robbery supported felony murder | Held not erroneous: instruction was legally and factually appropriate and not broader than the information given |
| Application of alternative‑means unanimity/super‑sufficiency rule | Each alternative means must be supported by sufficient evidence; State met that burden | One alternative (Laeli) lacked support because Laeli had escaped before the shot | Court applied super‑sufficiency standard and found each alternative sufficiently supported; no reversal needed |
| Double‑rule (K.S.A. 21‑6819(b)(4)) on consecutive on‑grid sentences | N/A (State conceded) | On‑grid total (153 months) exceeded twice the base (57 months) for primary on‑grid offense | Vacated and remanded: 153‑month on‑grid sentence violates the statutory double rule; resentencing required |
Key Cases Cited
- State v. Griffin, 279 Kan. 634 (less restrictive felony‑murder test; killing must be part of the underlying felony)
- State v. Cameron, 300 Kan. 384 (establishing dual causation test: res gestae and direct causal connection)
- State v. Jacques, 270 Kan. 173 (time, distance, and causal relationship factors for res gestae analysis)
- State v. Phillips, 295 Kan. 929 (affirming felony‑murder where murder followed closely in time/place and was foreseeable during an armed robbery)
- State v. Becker, 290 Kan. 842 (related‑events analysis; custody/kidnapping and later shooting were part of same occurrence)
- State v. Trautloff, 289 Kan. 793 (instructional‑breadth rule: instructions cannot add uncharged statutory elements)