BY THE COURT
Selective prosecution, meaning the unfair targeting of
someone for criminal prosecution, violates the Equal
Protection Clause of the Fourteenth Amendment to the United
States Constitution and is therefore a valid defense to a
criminal charge. To succeed on that defense, the defendant
must show that others who are similarly situated are
generally not prosecuted for similar conduct and that the
defendant has been singled out for prosecution based on
arbitrary or invidious criteria.
selective-prosecution defense must be raised by pretrial
motion under K.S.A. 2017 Supp. 22-3208(3) and presents a
legal issue for resolution by the court, not a jury issue.
prosecutor's enforcement classification is arbitrary only
if people have been classified according to criteria that are
irrelevant to law-enforcement purposes. Here, the defendant
had a far more serious criminal history than his codefendant,
and that's a relevant consideration for law-enforcement
purposes. So the district court properly denied a motion to
dismiss the charge based on a selective-prosecution claim.
the sufficiency of evidence is challenged in a criminal case,
the appellate court looks to see whether the evidence, when
viewed in the State's favor, was enough so that a
rational fact-finder could have found the defendant guilty
beyond a reasonable doubt. The court looks at the evidence in
the light most favorable to the State because the fact-finder
has already found in the State's favor.
Sufficient evidence supported the defendant's conviction
in this case.
from Pawnee District Court; Bruce T. Gatterman, judge.
Kittel, of Kansas Appellate Defender Office, for appellant.
G. Voth, assistant solicitor general, and Derek Schmidt,
attorney general, for appellee.
Arnold-Burger, C.J., Leben and Powell, JJ.
Robinson appeals his conviction for aggravated burglary,
contending that the case against him should have been
dismissed for selective prosecution. Robinson contends that
the State unfairly targeted him because it didn't proceed
with a burglary charge against a second man who had been with
him. Robinson also contends that the district court
didn't give the jury a full chance to consider his
selective-prosecution defense isn't one for the jury to
decide, anyway: It has nothing to do with whether a defendant
is guilty, which is what the jury determines. And the
district court's refusal to dismiss the charge against
Robinson based on selective prosecution was appropriate
because there were reasons other than some arbitrary or
invidious criteria to proceed against Robinson. Robinson had
a more serious criminal record and the victim had testified
at a preliminary hearing that Robinson, not the other man,
had been the one who asked for the property that he had
intended to steal.
also argues briefly that the evidence wasn't sufficient
to show that he entered the home without authority or
intended to commit a theft when he came in. But the resident
said she didn't invite him in or want him there. And
Robinson came to the home at a time when its residents would
have been expected to have been at work, which suggested that
he entered the home to take something, not to drop by for a
visit. So the evidence was sufficient on these challenged
points. We affirm the district court's judgment.
and Procedural Background
events at issue unfolded at the Larned, Kansas, residence of
Wayne Steen, Jakeeia Chambers, and her four children. (Steen
is the father of the youngest child, who was four.) On a
normal weekday, Chambers left before 6 a.m. to get to work,
though she typically returned briefly around 7:30 a.m. to
take three of the children to school, Steen to work, and the
youngest child to her father's house. She would then
normally return to her employment.
had stayed home from work this Monday morning because she
hadn't felt well. By 8 o'clock, Steen had taken their
only car to work; the older children were in school; and the
youngest child was with Chambers' father. So Chambers was
home alone. While she was fixing breakfast for herself in the
kitchen, she "heard a big bang" from her ...