Review of the judgment of the Court of Appeals in 48 Kan.App.2d 383, 290 P.3d 661 (2012).
Appeal from Sedgwick District Court; ANTHONY J.
Judgment of the Court of Appeals affirming the district court is affirmed. Judgment of the district court is affirmed.
BY THE COURT
1. Theft is a lesser included offense of robbery.
2. 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. To the extent that State v. Montgomery, 26 Kan.App.2d 346, 988 P.2d 258 (1999), is inconsistent with this legislative mandate, it is disapproved.
3. The State is not required to provide advance notice of expert witnesses called for the purpose of rebutting expert witnesses called for the defense.
4. The rules of K.S.A. 60-226, relating to notice for parties introducing the testimony of expert witnesses, do not govern in criminal proceedings.
Carol Longenecker Schmidt, of Kansas Appellate Defender Office, argued the cause, and Shawn E. Minihan, of the same office, was with her on the briefs for appellant.
Matt J. Maloney, assistant district attorney, argued the cause, and Nola Tedesco Foulston, 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. JOHNSON, J., concurring.
Bobby Edwards seeks review of the Court of Appeals published decision affirming his conviction of aggravated robbery. We agree with the Court of Appeals and affirm.
On the evening of September 15, 2008, Wichita police received a report that Edwards was stumbling around in the streets and had punched out a store window. When police arrived, Edwards was [299 Kan. 1009] trying to pull down street signs and was making obscene gestures at cars. Around 10 p.m., Edwards was escorted to Via Christi Hospital, where his blood alcohol content was tested at .375. Edwards fought with and spat on the medical staff, who finally administered two 2.5-milligram injections of Haldol in order to sedate him. Edwards calmed down and went to sleep, and the staff removed restraints that they had placed on him. He woke up around 4:30 in the morning, and the staff noticed that his speech was slurred, so they allowed him to sleep longer. Around 6:30 that same morning, he woke up again. The hospital staff observed that he was walking steadily and was talking without slurred speech. The staff deemed him clinically sober and released him, still wearing hospital scrubs.
Kristie Zenner was living at the time in a townhouse in Wichita, with her boyfriend and her 6-year-old son. On the morning of September 16, 2008, Zenner remained in bed while her boyfriend got ready to leave for work, and she heard him leave around 7:30. A few minutes later, she heard a knock at the back door, and, still in her pajamas and assuming that it was her boyfriend who had left without his keys, she went downstairs to let him back in.
When she opened the door, Zenner realized that it was Edwards, not her boyfriend, who had been knocking. Although she did not know him by name, she recognized Edwards as a neighbor who lived in the apartment to the north of hers and as someone whom she had previously allowed to use her cell phone. On that occasion, he had stood
outside the door, made his phone call, and returned the phone without incident.
Edwards asked if he could use her phone again. Zenner pushed the front door shut and walked into her living room to retrieve her phone from the couch. When she turned around, she discovered Edwards immediately behind her. She handed him the phone and told him he was welcome to use it but he had to go outside to do so. Edwards took the phone and put it in the pocket of the scrubs that he was wearing.
Edwards then looked over at a nearby table and saw a hammer that Zenner had been using to take down pictures. He picked up the hammer, pushed Zenner into a chair behind her, and swung the hammer so that the flat end hit her on the head. The hammer [299 Kan. 1010] flew out of his hand, and he began looking for it. While Edwards searched for the hammer, Zenner struggled to get away but Edwards held her in a chokehold. Zenner took advantage of her martial arts training and the fact that her head was slippery with blood from the hammer blow and was able to free herself from his grip.
Zenner noticed that her phone was lying on the chair, having apparently fallen out of Edwards' pocket during the attack. She grabbed the phone and attempted to call 911, but Edwards wrestled the phone ...