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State v. Suady

Supreme Court of Kansas

June 27, 2014

STATE OF KANSAS, Appellee,
v.
MONH SUADY, Appellant

Review of the judgment of the Court of Appeals in an unpublished opinion filed December 21, 2012.

Appeal from Johnson District Court; SARA WELCH, judge.

Judgment of the Court of Appeals affirming in part, reversing in part, dismissing in part, and remanding to the district court is affirmed in part, reversed in part, and remanded to the Court of Appeals for additional findings.

SYLLABUS

BY THE COURT

According to the plain language of K.S.A. 21-3426, robbery and aggravated robbery are general intent, not specific intent crimes. In order to prove the elements of the crimes, the State need only prove that a defendant took property from the person or presence of another by force or by threat of bodily harm to any person.

Lydia Krebs, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Steven J. Obermeier, assistant district attorney, argued the cause, and Stephen M. Howe, district attorney, and Derek Schmidt, attorney general, were with him on the brief for appellee.

ROSEN, J. MORITZ, J., not participating. R. SCOTT MCQUIN, District Judge, assigned.[1] JOHNSON, J., dissenting.

OPINION

Rosen, J

 The Court of Appeals, in an unpublished opinion filed December 21, 2012, reversed Monh Suady's conviction of aggravated robbery, holding that the brief taking of the victim's vehicle was merely ancillary to other crimes. The Court of Appeals affirmed his convictions of attempted aggravated robbery and intentional aggravated battery. This court denied Suady's petition for review and granted the State's cross-petition for review, with the result that the only issue before this court is the reversed aggravated robbery conviction.

In August 2009, Kenneth Price, who was about 60 years old, single, and a resident of Emporia, became acquainted through an online dating service with a woman named Anna Marie Harris, who represented herself as being approximately the same age as Price, single, and living in the Kansas City area. Price found her online profile interesting enough to initiate an online conversation with her.

[299 Kan. 1002] After several telephone conversations, the two decided to meet in person. Harris gave Price the directions to her apartment, and they agreed to get together on the afternoon of August 26. Price left Emporia around noon driving his 2004 Durango SUV and arrived at Harris' apartment around 2 p.m. He then drove them to a restaurant. On their way, Harris spent considerable time talking and texting with someone on her cell phone. Immediately upon arriving at the restaurant, Harris announced that she had to use the restroom and then disappeared for 15 to 20 ...


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