State v. Potts
304 Kan. 687
| Kan. | 2016Background
- On Oct. 20, 2012, 15‑year‑old Deaarion Potts stole a red Dodge Intrepid, picked up three passengers, and followed a black Grand Am while passengers fired weapons; Ramon Bradley was killed by a single gunshot.
- Police recovered 53 shell casings (three different firearms: one rifle caliber and two 9 mm handguns); fatal bullet was consistent with a rifle caliber.
- Potts admitted stealing the car and driving while passengers (one with an assault rifle) fired; he said he did not know they were armed beforehand.
- Juvenile court proceedings: district court certified Potts to be tried as an adult; he was tried by jury, convicted of felony murder, criminal discharge of a firearm at an occupied vehicle, and vehicular burglary; sentenced to life with parole eligibility after 20 years (controlling), with lifetime postrelease supervision noted in the journal.
- Potts appealed multiple issues: sufficiency of evidence for aiding/felony murder and firearm charge, interpretation of vehicular burglary statute, voluntariness/suppression of statements, aiding/abetting jury instruction, cumulative error, Apprendi challenge to adult certification, and improper postrelease supervision entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency for felony murder and criminal discharge of a firearm | State: evidence shows Potts intentionally aided shooting by stealing car, driving and pursuing the victim so others could continue firing | Potts: fatal shot may have occurred at the outset before he aided; no proof he intended to aid at shooting start | Conviction upheld — viewed in light most favorable to State; circumstantial facts (stolen car, armed front‑seat passenger, pursuit and continued shooting) support intent to aid. |
| Vehicular burglary scope (intent "therein") | State: burglary covers entering vehicle without authority with intent to commit theft there; includes intent to steal the vehicle itself | Potts: "therein" limits intent to stealing items inside vehicle, not the vehicle itself | Conviction upheld — statute covers intent to commit a theft by taking the vehicle; other jurisdictions agree. |
| Suppression of statements (voluntariness) | Potts: statements involuntary; should have been suppressed | State: trial counsel cross‑examined and used statements; Potts failed to object at trial | Issue not reviewed — defendant failed to contemporaneously object after pretrial denial; may be strategic trial choice. |
| Adult certification and Apprendi challenge | Potts: judge's factual findings to certify as adult increased his potential punishment in violation of Apprendi | State: certification is jurisdictional, pre‑adjudicatory, and does not trigger Apprendi jury requirement | Held for State — adult certification is jurisdictional; Apprendi does not apply to pretrial transfer findings. |
Key Cases Cited
- State v. Frye, 294 Kan. 364 (review standard for sufficiency of the evidence)
- State v. McCaslin, 291 Kan. 697 (appellate court will not reweigh evidence or assess witness credibility)
- State v. Jones, 273 Kan. 756 (vehicular burglary and transfer of juveniles — related precedent)
- State v. Llamas, 298 Kan. 246 (aiding and abetting instruction analysis)
- State v. Tyler, 286 Kan. 1087 (Apprendi and juvenile transfer — certification is jurisdictional)
- State v. Mason, 294 Kan. 675 (journal entry vs. orally pronounced sentence; nunc pro tunc correction authority)