State v. Simmons
283 P.3d 212
| Kan. | 2012Background
- Simmons was charged with misdemeanor battery outside and severity level 4 aggravated battery inside.
- Trial evidence included two confrontations with Camille Terry, with inside punches causing serious injuries.
- The trial court admitted lesser included offenses for aggravated battery but did not include simple battery, despite defense asking before verdict.
- Jury convicted Simmons of simple battery for the outside incident and found level 7 aggravated battery for the inside incident; it did not convict on level 4 aggravated battery.
- Court of Appeals reversed, holding the simple battery instruction was required; State petitioned for review.
- Court affirms the reversal and remands for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether simple battery was required as a lesser included offense instruction | Simmons | Simmons | Yes; court must instruct on simple battery when supported by evidence |
| Whether the State’s skip rule interpretation is correct | State | Simmons | Skip rule does not render error harmless here |
| Whether the error was harmless under Ward standard | State | Simmons | Not harmless; potential for different verdicts |
Key Cases Cited
- State v. Cordray, 277 Kan. 43 (2004) (instruct on lesser included crimes where evidence supports)
- State v. Coleman, 253 Kan. 335 (1993) (evidence may support lesser included offense beyond defense proffers)
- State v. Warbritton, 211 Kan. 506 (1973) (battery is a lesser included offense of aggravated battery)
- State v. Anderson, 287 Kan. 325 (2008) (defendant entitled to instructions on defense theories with evidence)
- State v. Trussell, 289 Kan. 499 (2009) (inconsistent defense theories are permissible; instructional relevance)
- State v. Green, 280 Kan. 758 (2006) (whether an injury constitutes great bodily harm is a fact question for the jury)
- State v. Wagner, 248 Kan. 240 (1991) (instruction on simple battery proper when evidence shows fault)
- State v. Horn, 278 Kan. 24 (2004) (skip rule described in context of lesser included offenses)
- State v. Ward, 292 Kan. 541 (2011) (harmlessness standard for instructional error)
- State v. Plummer, 295 Kan. 156 (2012) (framework for instructional issues and standards of review)