State v. Smith, 293 P.3d 669

Defendant Allen Dale Smith was convicted by a jury of aggravated burglary and felony murder in Kansas, based on Boose's death during a burglary at his home and alleged related conduct.
Price testified as the State’s key witness; Smith admitted involvement in three other burglaries but denied the Boose burglary and murder.
K.S.A. 60-455 evidence of three other burglaries was admitted to prove identity, with a limiting instruction given; Smith contested its admissibility and the instruction.
Price’s and law enforcement witnesses linked stolen items, firearms, and other evidence to Boose’s murder scene and Smith’s involvement, with numerous interviews and inconsistent statements by Smith.
Smith sought relief for alleged prosecutorial misconduct in closing arguments and challenged the multiplicity of counts, while the district court addressed the 60-455 evidence and multiplicity issues.
The court affirmed Smith’s convictions and sentences, holding one trial error did not require reversal and rejecting multiplicity challenges.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of 60-455 evidence	Smith argues three other burglaries were not relevant to identity and overly prejudicial.	Smith contends limiting instruction was insufficient to prevent improper use.	No abuse; evidence probative on identity with proper limiting instruction.
Accomplice witness instruction	Smith challenges giving cautionary instruction over objection as prejudicial.	Smith argues instruction is improper in light of controlling precedent (Anthony).	Instruction proper under current Kansas law; not error.
Prosecutorial misconduct in closing	Smith claims multiple closing statements were grossly improper and prejudicial.	Smith argues misconduct deprived him of a fair trial.	Misconduct occurred but harmless; no reversal required.
Multiplicities	Smith contends felony murder and underlying aggravated burglary are multiplicitous.	Smith relies on identical-elements and merger principles to argue double jeopardy concerns.	Under Kansas law, aggravated burglary can support felony murder; no multiplicity reversal.

State v. Torres, 294 Kan. 135 (2012) (test for probative value and prejudice in 60-455 evidence)
State v. Inkelaar, 293 Kan. 414 (2011) (evidentiary weighing; standard of review on probative value)
State v. Prine, 287 Kan. 713 (2009) (60-455 analysis; identity and probative value)
State v. Vasquez, 287 Kan. 40 (2008) (60-455 applicability and limitations)
State v. Reid, 286 Kan. 494 (2008) (identity evidence and 60-455 framework)
State v. Williams, 295 Kan. 506 (2012) (clear-error standard for jury instructions)
State v. Elnicki, 279 Kan. 47 (2005) (prosecutor’s argument about truth; improper influence)
State v. Pabst, 268 Kan. 501 (2000) (burden of proof and closing argument guidance)
State v. Schoonover, 281 Kan. 453 (2006) (multiplicity under Kansas law for underlying felonies)
Whalen v. United States, 445 U.S. 684 (1980) (generic rule on cumulative punishment and felony murder)