BY THE COURT
Generally, it is within the sentencing court's sound
discretion to determine whether a sentence should run
consecutive to, or concurrent with, another sentence.
Judicial discretion is abused if judicial action: (1) is
arbitrary, fanciful, or unreasonable, i.e., if no reasonable
person would have taken the view adopted by the trial court;
(2) is based on an error of law, i.e., if the discretion is
guided by an erroneous legal conclusion; or (3) is based on
an error of fact, i.e., if substantial competent evidence
does not support a factual finding on which a prerequisite
conclusion of law or the exercise of discretion is based.
Under the facts of this case, a reasonable person could have
concluded consecutive sentences were proportionate to the
harm and culpability associated with the defendant's
convictions under K.S.A. 2018 Supp. 21-6819(b).
from McPherson District Court; John B. Klenda, judge.
Michelle A. Davis, of Kansas Appellate Defender Office, was
on the brief for appellant.
J. Obermeier, assistant solicitor general, and Derek Schmidt,
attorney general, were on the brief for appellee.
multiconviction sentencing case, Samuel Darrah claims the
district court abused its discretion in ordering his
100-month sentence for attempted aggravated kidnapping be
consecutive to, instead of concurrent with, his hard 25 life
sentence for felony murder. In support, Darrah argues that he
did not personally kidnap or fatally stab the victim. He
further claims the two other individuals involved in the
crimes played greater roles than his. But given Darrah's
leadership in the planning, coordinating, and carrying out of
these serious crimes, we conclude the court did not abuse its
discretion in imposing consecutive sentences under K.S.A.
2018 Supp. 21-6819(b). So we affirm.
and Procedural History
essential facts come from a preliminary hearing. Witnesses
included Darrah's alleged coconspirators in James
Croft's murder: Clinton Bascue and Darrah's
girlfriend, Kamra Farrell. Darrah's close friend, Christa
Martin, and Dan Kelly-Darrah's drug dealer and fellow
band member-also testified.
Farrell, and Bascue lived and did methamphetamines together
in the summer of 2014. One day Kelly, their usual dealer,
gave Darrah $3, 200 to buy a supply of drugs. Darrah gave the
money to Croft-also known as "Frog"-to exchange for
drugs. But Croft never provided them. So Darrah told Kelly he
did not have the drugs because Frog had robbed him. Kelly
became upset and told Darrah to fix it.
November, Darrah still had not paid the money back or
obtained the drugs for Kelly. Nevertheless, Darrah went with
Farrell and Bascue to Kelly's house in Wichita for more
drugs. Darrah told Kelly he was going to make it right by
killing Croft. But Kelly did not care anymore, telling Darrah
to just drop it because killing Croft would not get his money
back. Darrah continued to say he would take care of it,
however, which Kelly took to mean that Darrah would kill
Croft. After Farrell and Darrah left Kelly's house, she
and Darrah continued to discuss finding Croft and killing
days later Darrah came to his friend Christa Martin's
home in the early morning with Farrell and Bascue. They all
went into her garage to do drugs and talk. There, Darrah told
Martin he had been robbed of $3, 200 by an individual known
as "Frog." Farrell said she hoped they could find
Frog and that he could lead her to John Stark ...