State v. Crane, 71905
| Decision Date | 07 June 1996 |
| Docket Number | No. 71905,71905 |
| Citation | 260 Kan. 208,918 P.2d 1256 |
| Parties | STATE of Kansas, Appellee, v. Michael T. CRANE, Appellant. |
| Court | Kansas Supreme Court |
Syllabus by the Court
In an appeal from convictions of kidnapping, attempted aggravated sodomy, attempted rape, and lewd and lascivious behavior, the record is examined and it is held: (1) The defendant was not denied his right to a speedy trial under K.S.A. 22-3402, (2) the amended complaint is jurisdictionally defective in that it failed to define the offense the defendant was charged with attempting to commit; (3) the victim has a right to be present during the readback of her testimony to the jury; and (4) the evidence was insufficient to convict the defendant of kidnapping.
Elizabeth Seale Cateforis, Assistant Appellate Defender, argued the cause, and Jessica R. Kunen, Chief Appellate Defender, was with her on the briefs, for appellant.
Debra A. Vermillion, Assistant District Attorney, argued the cause, and Paul J. Morrison, District Attorney, Steven J. Obermeier, Assistant District Attorney, and Carla J. Stovall, Attorney General, were with her on the brief, for appellee.
Michael Crane appeals his convictions of kidnapping (K.S.A. 21-3420 [Ensley 1988] ), attempted aggravated sodomy (K.S.A.1992 Supp. 21-3301; K.S.A. 21-3506 [Ensley 1988] ), attempted rape (K.S.A.1992 Supp. 21-3301; K.S.A. 21-3502 [Ensley 1988] ), and lewd and lascivious behavior (K.S.A. 21-3508 [Ensley 1988] ). His controlling sentence is 35 years' to life imprisonment.
Crane's convictions in this case stemmed from two separate incidents on the evening of January 6, 1993. The first incident gave rise to the conviction of lewd and lascivious behavior; the second incident resulted in Crane's being convicted of kidnapping, attempted aggravated criminal sodomy, and attempted rape.
At approximately 7 o'clock in the evening of Wednesday, January 6, 1993, Crane entered a tanning salon at 129th and State Line in Johnson County, Kansas. C.H., who was 19 years old at the time, was working there alone. C.H. showed him to one of the private tanning rooms and showed him how to use the tanning bed. Approximately 10 minutes later Crane emerged from his tanning room, went to the salon door, and stood there. When C.H. asked about his tanning, "he started making noises ... and dropped his pants right below his genitals and had his hand around his penis and was moving it up and down." Crane started walking toward C.H. and said, "You know you want it." C.H. reached for the telephone and told Crane to get away. Crane backed up, said, "You could have had this, baby," and laughed as he walked out the door. He ran toward an alley.
Approximately 30 minutes later, Crane entered a video store at 123rd and State Line in Johnson County. B.R., who was 20 years old at the time of trial, was working there alone. When Crane first came into the store, it was full of customers. He approached B.R. and asked for her help in locating a movie called Revenge. B.R. checked the computer listing of the store's inventory and found that a movie by that title was shelved with new releases. As she helped him look for the movie, he moved close enough so that their arms brushed. She moved away, and he moved close again. After they had looked for the video for quite a while without success, Crane told B.R. he was going to check with his wife at the grocery store about the title of the movie and a possible alternative. There still were other customers in the store when Crane left and walked toward the grocery store. After he was gone, B.R. found the movie Crane had requested and set it on the counter.
There was at least one other customer in the store when Crane returned approximately 20 minutes later. He said the movie B.R. handed him was not the one he had in mind and asked to see the cover it came in. She showed him the cover; he looked at it and said it was not what he wanted. Crane moved off to another part of the store, saying he would look for something else. By then, he was the only customer in the store. Standing between the movie racks and a walkway, B.R. turned her attention to a movie which was playing on the television in the store.
After she had become absorbed in the movie, B.R. was lifted off the ground by Crane. B.R. kicked and screamed. Crane was carrying her away from the door and window at the front of the store. B.R. got her feet back on the ground; Crane "had ahold" of her shoulders and was trying to push her down, and she was fighting him. Crane had his sweatpants down, and he said, "Do you see this?" B.R. testified that Crane's exposed penis "was rather flaccid." At least three times he ordered B.R. to perform oral sex. Crane put his hands around B.R.'s neck and squeezed, still trying to force her down. B.R. said that she continued "to fight and scream and kick and shove and punch." She hit Crane in the face and kneed him in the groin. Crane was constantly edging her toward the doorway to the store's children's room. Crane pushed B.R.; she knocked movies onto the floor as she fell against the wall, and then she fell to the floor. B.R. described Crane as being "hunched over" her, and he said, "I'm going to rape you." She continued to fight and scream. She then testified that Crane "stopped all of a sudden and looked up real quick." Then Crane stood up, ran to the front of the store, jumped over the turnstile, and ran out of the store toward the grocery store. B.R. chased him out of the store, screaming and yelling at him to get out. There was no one else around. When she went back into the store, B.R. locked the front door and called 911.
Dr. William Logan, a psychiatrist, evaluated Crane and testified on his behalf. In interviewing Crane and studying his records, Dr. Logan found very strong evidence of sexual dysfunction and deviancy which was manifested primarily in exhibitionism. He testified that persons "who suffer from this particular disorder ... want to induce some kind of shock or fear in the individual and there is also a sort of an adrenaline rush or boost of being in a dangerous situation." Dr. Logan further testified that persons who engage in exhibitionism sometimes need to escalate their behavior beyond just exposing themselves in order to get the shocked or fearful response they want. Dr. Logan knew of two incidents in 1986 when Crane had touched women, in addition to exposing himself, and then fled. He testified that for some persons the progression from pure exhibitionism to more shocking behavior may continue, but for others it will not. Because exhibitionism typically is a release from built-up stress, it can be episodic rather than progressive. Dr. Logan described it as voluntary but "a bit like an addiction." He testified that persons who engage in exhibitionism sometimes are and sometimes are not sexually aroused while exposing themselves, "[b]ut very frequently they will use the experience as a masturbatory fantasy later on."
Crane first argues that his right to speedy trial, pursuant to K.S.A. 22-3402, was violated. He relies on the following chronology:
Arraignment March 10, 1993
Notice of intent to rely on insanity defense April 6, 1993
Order to transport Crane to Larned State Hospital for April 16, 1993
evaluation
Report received from Larned State Hospital July 2, 1993
Defense continuation for independent evaluation August 4, 1993
Report received from independent evaluation December 20, 1993
Trial began February 28, 1994
The State would add the following dates from the interval between receipt of the report from the independent evaluation and the beginning of trial:
State filed motion for continuance for purpose of obtaining January 4, 1994
another evaluation
Continuance granted January 11, 1994
K.S.A. 22-3402 provides, in part:
"(1) If any person charged with a crime and held in jail solely by reason thereof shall not be brought to trial within ninety (90) days after such person's arraignment on the charge, such person shall be entitled to be discharged from further liability to be tried for the crime charged, unless the delay shall happen as a result of the application or fault of the defendant, or a continuance shall be ordered by the court under subsection (3).
....
"(3) The time for trial may be extended beyond the limitations of subsections (1) and (2) of this section for any of the following reasons:
(a) The defendant is incompetent to stand trial;
(b) A proceeding to determine the defendant's competency to stand trial is pending and a determination thereof may not be completed within the time limitations fixed for trial by this section."
In State v. Maas, 242 Kan. 44, Syl. p 1, 744 P.2d 1222 (1987), the court stated:
"The filing of notice of intent to rely on the insanity defense, pursuant to K.S.A. 22-3219, operates as a waiver by the defendant of the requirements of the speedy trial statute (K.S.A.22-3402) insofar as any such trial delay was reasonably occasioned by and attributable to the assertion of the insanity defense." (Emphasis added.)
On appeal, Crane concedes that the time from April 6, 1993, when he filed notice of his intent to rely on an insanity defense, until July 2, 1993, when the report from his evaluation at Larned State Hospital was received are not chargeable to the State. He also agrees that the time from August 4 to December 20, 1993, is not chargeable to the State. On August 4, Crane was granted a continuance for the purpose of obtaining an independent evaluation from Dr. Logan. Dr. Logan's report was received on December 20, 1993. By the time Dr. Logan's report was received, 60 days which Crane contends are chargeable to the State already had elapsed since his arraignment. Crane contends that all the...
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