State v. Mason
| Decision Date | 29 October 1999 |
| Docket Number | No. 80,385.,80,385. |
| Citation | 986 P.2d 387,268 Kan. 37 |
| Parties | STATE OF KANSAS, Appellee, v. KENNETH MASON, Appellant. |
| Court | Kansas Supreme Court |
Kirk Christopher Redmond, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the briefs for appellant.
Mary Ann Shirley, county attorney, argued the cause, and Carla J. Stovall, attorney general, was with her on the brief for appellee.
The opinion of the court was delivered by
Kenneth Mason appeals his conviction of criminal solicitation of murder. He was sentenced to 85 months' imprisonment. The appeal was transferred to this court from the Court of Appeals pursuant to K.S.A. 20-3018.
Mason was a prisoner in the Greenwood County Jail. When an inmate is brought into that jail, he or she is advised that mail is "subject to inspection if it's not legal." Legal mail includes mail addressed to attorneys.
Mason's first attempt to falsely label a letter as legal mail was detected by Deputy Winfrey. Mason sealed, stamped, and placed in outgoing mail an envelope addressed to "Sam Smith, Attorney at Law, 510 N. Pine, Eureka, KS 67045." Winfrey knew 510 N. Pine was a trailer, and he knew of no attorney in Eureka named Smith. He confronted Mason, who admitted that the letter was not to an attorney.
When Winfrey several days later saw that Mason was sending another letter addressed to someone named Smith and marked as legal mail, he turned it over to Sergeant Soule. It was addressed as follows: "Smith Law Office, c/o Kevin Lee Smith, 801 S. Lake forest, S.A., TX 78239."
An employee in the Greenwood County Sheriff's Office attempted to verify that there was a Smith Law Office in San Antonio. She called directory assistance, and she called the law enforcement center in San Antonio for assistance. Neither could provide any information about a Smith Law Office or an attorney named Kevin Lee Smith.
Soule opened the envelope to see whether it contained legal mail. The letter stated:
Mason first challenges the constitutionality of K.S.A. 21-3303(b) (criminal solicitation). He concedes the issue was not raised in the trial court. Where constitutional grounds are raised for the first time on appeal, they are not properly before this court for review. State v. Shears, 260 Kan. 823, 837, 925 P.2d 1136 (1996). We may consider such issues in exceptional circumstances where the asserted error involves a strictly legal question that will be determinative of the case or where consideration of the new issue is necessary to serve the interests of justice or to prevent a denial of fundamental rights. State v. Bell, 258 Kan. 123, Syl., 899 P.2d 1000 (1995). Mason contends his case is such an exceptional circumstance and should be considered by this court. We disagree. Although the issue is a legal one, Mason's argument is without merit and his cited authority neither relevant nor applicable. We therefore conclude that the constitutionality of K.S.A. 21-3303(b) is not properly before this court and will not be considered in this appeal.
Mason next argues that there was insufficient evidence of intent to support the conviction of criminal solicitation of murder. "When the sufficiency of the evidence is challenged, 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." State v. Abel, 261 Kan. 331, 337, 932 P.2d 952 (1997).
Mason wrote to his friend: He contends that this alternative request will not satisfy the intent requirement for the crime of solicitation. He points out that raising bond is not a crime. Thus, Mason's friend could have complied with the request without engaging in an illegal activity. He contends that his offering Smith a noncriminal alternative is inconsistent with a finding that he intended for Smith to kill the former girlfriend.
No cases specifically involving alternative requests have come to the court's attention. In State v. DePriest, 258 Kan. 596, 604, 907 P.2d 868 (1995), the court stated that the specific intent involved was the defendant's intent that the other person commit the solicited crime. The jury found in this case that Mason intended for Smith to commit murder. Simply as a matter of logic, it does not seem that Mason's giving Smith an option should affect that finding because the choice does not change the fact that Mason intentionally asked Smith to commit murder. If Smith had murdered the former girlfriend, he would have been carrying out the act intended by Mason. We find the evidence sufficient to support Mason's conviction of criminal solicitation.
Mason also contends that the letter written...
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State v. Whitesell, No. 82,610.
...appellate court is convinced a rational factfinder could have found the defendant guilty beyond a reasonable doubt. State v. Mason, 268 Kan. 37, 39, 986 P.2d 387 (1999). It is the function of the jury in a criminal case to determine the weight and credit to be given the testimony of each wi......
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State v. Davis
...court is convinced that a rational factfinder could have found the defendant guilty beyond a reasonable doubt. State v. Mason, 268 Kan. 37, 39, 986 P.2d 387 (1999); State v. Abel, 261 Kan. 331, 337, 932 P.2d 952 (1997). Circumstantial evidence may establish even the gravest offenses. State ......
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State v. Caenen, 83,208.
...to the State, we are convinced a rational factfinder could have found Caenen guilty beyond a reasonable doubt. State v. Mason, 268 Kan. 37, 39, 986 P.2d 387 (1999). If we answer "yes," as we do here, the evidence is Caenen argues, without authority or citation to the record, that he lacked ......
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State v. Gunn, 85,144.
...prosecution, this court is convinced a rational factfinder could find defendant guilty beyond a reasonable doubt. See State v. Mason, 268 Kan. 37, 39, 986 P.2d 387 (1999). Convictions may be sustained by circumstantial evidence. State v. Clemons, 251 Kan. 473, 488, 836 P.2d 1147 The evidenc......