Automated Summary
Key Facts
On February 18, 2013, Joseph Leshore stole marijuana from Jeffery Payne. Jeffery Payne, Brice Reed, and Eric Roberts retaliated by attacking Joseph's mother Maria Guzman, breaking her window and slapping her. Jordan Leshore (Joseph's brother) learned about the attack and, with friends Brian Kienow and Sean Arevalo, went to confront the situation. They found Joseph and followed him to Jeffery's house. At the house, Joseph stabbed Jeffery 23 times while Jordan and others attacked Jeffery. Jeffery survived but lost a kidney and mobility in one leg. Jordan was charged with attempted first-degree murder, aggravated battery (twice), aggravated assault, and aggravated burglary. He was found guilty of aggravated batteries, aggravated assault, and aggravated burglary, but not guilty of attempted first-degree murder. Jordan appealed, arguing the trial court erred in giving jury instruction PIK Crim. 4th 52.020 regarding culpable mental states.
Issues
Jordan Leshore appeals his convictions arguing the trial court erred by instructing the jury on PIK Crim. 4th 52.020, which states proof of a higher culpable mental state proves the lesser. The court affirms the convictions, finding the instruction was legally and factually appropriate.
Holdings
The Court of Appeals of Kansas affirmed Jordan Leshore's convictions for two counts of aggravated battery, one count of aggravated assault, and one count of aggravated burglary. The court held that the trial court's jury instruction on PIK Crim. 4th 52.020, which stated that proof of a higher culpable mental state proves the lesser, was both legally and factually appropriate and not clearly erroneous, as the State presented evidence showing Jordan intentionally committed the crimes.
Remedies
The Court of Appeals of the State of Kansas affirmed Jordan Leshore's convictions for aggravated battery of Jeffery (75 months' imprisonment), aggravated battery of Michelle (12 months), aggravated assault of Alecia (12 months), and aggravated burglary (32 months), rejecting the appellant's argument that the jury instruction on PIK Crim. 4th 52.020 was clearly erroneous.
Legal Principles
When a defendant raises a jury instruction issue for the first time on appeal, the standard of review is whether the instruction is clearly erroneous. The party asserting that the trial court erred in instructing the jury has the burden to prove the degree of prejudice necessary for reversal. The court uses a two-step analysis: (1) determine whether there was any error by considering whether the subject instruction was legally and factually appropriate, employing unlimited review of the entire record, and (2) if error is found, assess whether the jury would have reached a different verdict had the instruction error not occurred.
Precedent Name
- State v. Betancourt
- State v. Adams
- State v. Brice
- State v. Williams
Cited Statute
- Aggravated assault, a severity level 7 person felony
- Aggravated battery, a severity level 4 person felony
- Attempted first-degree murder, a severity level 1 person felony
- Aggravated burglary, a severity level 5 person felony
- Standard of review for jury instruction errors
Judge Name
- JEFFREY GOERING, District Judge
- LEBEN, P.J.
- GREEN, J.
Passage Text
- Thus, the PIK Crim. 4th 52.020 instruction was not clearly erroneous because the instruction was both legally and factually appropriate. As a result, Jordan has failed to meet the first step of the two-step analysis in determining whether a challenged instruction is clearly erroneous.
- A jury convicted Jordan Leshore of two counts of aggravated battery, one count of aggravated assault, and one count of aggravated burglary. On appeal, Jordan argues that this court must reverse his convictions because the trial court erred by instructing the jury on the pattern jury instructions for Kansas (PIK) Crim. 4th 52.020. As discussed below, however, Jordan never objected to this instruction before the trial court. Furthermore, Jordan cannot establish that the trial court committed clear error by giving the PIK Crim. 4th 52.020 instruction. Accordingly, we affirm Jordan's convictions.
- No party may assign as error the giving or failure to give an instruction . . . unless the party objects thereto before the jury retires to consider its verdict stating distinctly the matter to which the party objects and the grounds of the objection unless the instruction or the failure to give an instruction is clearly erroneous.