State v. Claiborne, 75594

• Decision Date: 30 May 1997
• Docket Number: No. 75594,75594
• Citation: 940 P.2d 27,262 Kan. 416
• Parties: STATE of Kansas, Appellee, v. Keno CLAIBORNE, Appellant.
• Court: Kansas Supreme Court

Page 27

940 P.2d 27

262 Kan. 416

STATE of Kansas, Appellee, v. Keno CLAIBORNE, Appellant.

No. 75594.

Supreme Court of Kansas.

May 30, 1997.

Syllabus by the Court

1. Any time a court in Kansas is asked to determine whether the prosecution of a juvenile as an adult is warranted, it must consider the statutory factors that appear in K.S.A. 38-1636(e).

2. The standard for evaluating whether the decision to certify a juvenile as an adult was proper is whether the decision was supported by substantial evidence. The insufficiency of the evidence pertaining to one or more factors listed in K.S.A. 38-1636(e) is not determinative.

3. The exclusion of alibi testimony because of noncompliance with the notice requirements of K.S.A. 22-3218 is within the trial court's discretion.

4. The notice of alibi statute does not deprive the accused of his or her defense of alibi but simply makes notice of the defense a prerequisite. Given the ease with which an alibi can be fabricated, the State's interest in protecting itself against an eleventh-hour defense is both obvious and legitimate.

5. If the sufficiency of evidence is challenged in a criminal case, the standard of review is whether, after review of all the evidence, viewed in the light most favorable to the prosecution, the appellate court is convinced that a rational factfinder could have found the defendant guilty beyond a reasonable doubt.

Mary Curtis, Assistant Appellate Defender, argued the cause, and Wendy L. Rhyne Slaton, Special Appellate Defender, and Jessica R. Kunen, Chief Appellate Defender, were on the brief, for appellant.

Gwynne E. Harris, Assistant District Attorney, argued the cause, and Joan M. Hamilton, District Attorney, and Carla J. Stovall, Attorney General, were with her on the brief, for appellee.

DAVIS, Justice:

Keno Claiborne appeals his convictions and sentence for felony murder, aggravated robbery, aggravated battery, and aggravated assault. He claims that he should have been tried as a juvenile offender. He also contends that the court abused its discretion by denying him the opportunity to call an alibi witness. Finally, he contends that the evidence is insufficient to establish aggravated robbery. We affirm.

At the time the defendant was charged with felony murder, aggravated robbery, aggravated battery, and aggravated assault, he was 16 years old. Upon motion by the State and after a full hearing, the defendant was certified to stand trial as an adult.

Early one Sunday morning in mid-August, the defendant and another assailant, Michael Yates, attacked Michael Wheat, Christopher Humphrey, and Sheena Hoyer in order to steal Wheat's car. Wheat was shot in the leg by Yates as he attempted to exit the driver's seat. On the other side of the car, the defendant pointed a gun at Hoyer and ordered her out of the way. He then ordered Humphrey out of the car. A struggle ensued during which Humphrey received a fatal gunshot wound to the head. The defendant escaped on foot, and Yates drove the car away. The victims were unable to identify the assailants because they had covered their faces.

Yates testified that he and the defendant were traveling to visit their friend, LaTonya Ward, when they saw Wheat's car and decided to take it. Ward lived next door to Shannon Hoyer, the older sister of victim Sheena Hoyer. The car was parked in front of Shannon Hoyer's house at the time. Yates testified that it was his idea to steal the car. He stated that they entered Ward's house, that they talked with her, that he removed his jewelry, and that both he and the defendant covered their faces. They hid in the bushes across the street from the car.

Yates testified that after 20-30 minutes, Wheat, Humphrey, Sheena Hoyer, and her twin sister, Sara, came out of Shannon Hoyer's house and walked to the car. After Sara returned to the house, Yates and the defendant jumped out of the bushes and confronted the others. Yates explained that he shot Wheat in the leg, pulled him out of the car, and drove the car away. He heard another gunshot behind him. He met the defendant at a prearranged place, drove the car to a field, and together they removed the wheels. He testified that the defendant shot Humphrey. Yates also stated that he was testifying against the defendant pursuant to a deal he made with the district attorney's office to get the lesser charge of aggravated battery.

Ward testified that prior to Yates leaving her home, he told her "they were about to go jack some nigger for their car." She went to bed but got up when she heard voices outside. She assumed nothing was wrong because she saw several people were talking together. After she returned to bed, she heard gunshots. When she looked out the second time, she saw Sheena with Humphrey, who was lying on the ground. She also saw the car drive off, and she saw someone run between the buildings. The person running away had a white t-shirt wrapped around his head. She exited and attempted to assist Wheat with his wounded leg.

Wheat testified at the defendant's trial and confirmed the events of the evening. In addition, Sheena and Sara testified to the same events. No one was able to provide a description of the assailants because of their covered faces other than that they were both black males.

The following day, the defendant and Yates arrived at Ward's home and told her to keep quiet about the events of the night before. Nevertheless, she called Crime Stoppers and anonymously reported what she knew. Eventually, she gave a statement to the police.

Two of the police detectives who investigated the homicide testified at trial. Detective Thomas Young spoke of his interview with Yates 2 days following the murder. The interview was conducted at the Topeka police station and was videotaped. During the interview, Yates denied all charges. Despite Yates' contentions, Detective Young removed Yates from the room and proceeded to prepare an arrest report. Young testified that Yates then told him he wanted to talk. Yates confessed to the carjacking, claimed that he shot Wheat by accident, and claimed that he only drove the car around the corner. Since the video room was being used, Young was not able to videotape the confession. Yates insisted he did not kill Humphrey, and he told Detective Young that the defendant was responsible.

Sergeant Detective Randy Mills testified that the police conducted two interviews with the defendant. In the first interview, the defendant denied his involvement and suggested gang members of the Four Corner Hustlers were responsible. He stated that at the time of murder he was talking with relatives in front of the home of his cousin, Calinda Johnson-Burnett. Following this interview, Mills assigned various officers to verify the defendant's alibi. During the second interview, the police confronted the defendant with the fact that they could not confirm his alibi. The defendant continued to maintain he had not committed the crime. At the close of the interview, Mills completed the paperwork for the defendant's arrest.

At trial, the State called Calinda Johnson-Burnett, her husband, Casey Burnett, and the defendant's aunt, Belinda Wiseman. The defendant gave the names of each of these people to the police when he explained where he was on the morning of the murder. Each testified that they did not remember seeing the defendant that morning. Finally, the State called Jared Self. This young man testified that 2 days before the murder, he was at a gathering with both the defendant and the victim. According to Self, the defendant proclaimed that he wanted the "rims" on Wheat's car. Humphrey responded: "Not while I'm alive." The defendant responded: "Shit happens." Self gave this information to the police a week after Humphrey was killed.

The defendant did not testify at trial. He called one witness, Victoria Johnson, another cousin, to testify to his presence on the night of the murder. The State objected on the grounds that it had not received notice of the alibi witness, and the district court dismissed the witness.

Certification As An Adult

Recently, in State v. Tran, 252 Kan. 494, 847 P.2d 680 (1993), we said:

"Any time a court in Kansas is asked to determine whether the prosecution of a juvenile as an adult is warranted it must consider the statutory factors that appear in K.S.A.1992 Supp. 38-1636(e). Additionally, K.S.A.1992 Supp. 38-1636(f)(2) requires the court to find, among other things, that there 'is substantial evidence that the respondent should be prosecuted as an adult for the offense with which the respondent is charged.' " 252 Kan. at 508, 847 P.2d 680.

The standard we apply on appeal is also set forth in Tran. "The standard for evaluating whether the decision to certify a juvenile as an adult was proper is whether the decision is supported by substantial evidence." 252 Kan. at 508, 847 P.2d 680. Finally, the insufficiency of the evidence pertaining to one or more factors listed in K.S.A. 38-1636(e) is not determinative. State v. McIntyre, 259 Kan. 488, Syl. p 5, 912 P.2d 156 (1996).

The defendant contends that the district court based its decision solely upon evidence that the defendant's prognosis within the juvenile system was poor, to the exclusion of other statutory factors. The record does not support this contention. The court concluded:

"In reviewing the eight factors for consideration, and the Court notes specifically the statute reflects that the insufficiency of evidence pertaining to any one or more of the factors listed in this subsection should not, in and of itself, be determinative of the issue. The Court has those eight factors for consideration, and, certainly, in looking at the eight factors before the Court here today, the Court must look towards the history and the chronicity of the actions of this respondent. The Court must look towards the severity of the allegations before the Court, and recognize and understand that they are...