STATE OF KANSAS V. SOPHOPHONE 19 P.3d 70 (2001) CASE BRIEF

STATE OF KANSAS V. SOPHOPHONE

19 P.3d 70 (2001)

NATURE OF THE CASE: This an appeal of a felony-murder conviction for the death of a co-felon during flight from an aggravated burglary in which both men participated.

FACTS: Sophophone (D) and three others conspired to and broke into a house in Emporia. The resident reported the break-in to the police. Police responded and saw four individuals leaving the back of the house, shined a light on the suspects, identified themselves as police officers, and ordered them to stop. They ran away. D was caught, hand-cuffed, and placed in a police car. Another officer chased Somphone Sysoumphone and when stopped the officer approached with his weapon drawn and ordered Sysoumphone to the ground and not to move. Sysoumphone was lying face down but raised up and fired at the officer, who returned fire and killed him. It is not disputed that Sysoumphone was one of the individuals observed by the officers leaving the house that had been burglarized. D was charged with conspiracy to commit aggravated burglary, aggravated burglary, obstruction of official duty, and felony murder. D moved to dismiss the felony-murder charges, contending the complaint was defective because it alleged that he and not the police officer had killed Sysoumphone and further because he was in custody and sitting in the police car when the deceased was killed and therefore not attempting to commit or even fleeing from an inherently dangerous felony. His motion to dismiss was denied by the trial court. D was convicted by a jury of all counts. D appeals his conviction of felony murder.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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