The State argues that while there is no authority directly supporting venue for all the crimes Boorigie was charged with and convicted of being appropriate in Montgomery County under these particular circumstances, logical support is found in , the defendant was being held in the Allen County Jail awaiting trial when he became ill. Proceedings Pending a Competency Determination During a pretrial hearing on March 13, 2000, counsel for the defendant orally moved for a competency evaluation: "MR. On the morning of trial, the district judge stated: "THE COURT: The first matter we need to take up has to do with the motion for competency determination. Boorigie has been through that process, and in fact this morning when I got here, I received an envelope.Defendant was transported to a Kansas City, Missouri, hospital. The nexus for counts 6, 9, and 10 were defendant's requests in Elk and Wilson Counties for individuals to find someone to falsely confess to the murder that occurred in Montgomery County. BROWN: I have a matter as far as an oral motion on a competency evaluation request. Apparently it was mailed several days ago, but I only got it this morning, but it contains the report from Four County Mental Health and in sum that report indicates Mr. I'll just simply ask counsel for defense do you have anything additional to add? 22-3302 provides, in part: "(1) At any time after the defendant has been charged with a crime and before pronouncement of sentence, the defendant, the defendant's counsel or the prosecuting attorney may request a determination of the defendant's competency to stand trial.
Jones challenged the jurisdiction of the Allen County court to try him on the escape charge because he did not commit any act related to his escape in Allen County. In and this case, the subsequent criminal charges were a direct outgrowth of the original charges committed in the county ultimately exercising jurisdiction to try the defendants. We note that where two or more acts are requisite to the commission of any crime and such acts occur in different counties the prosecution may be in any county in which any of such acts occur. The State then argues that even if the statute is mandatory, Boorigie invited error when after the motion for a competency evaluation was granted, his counsel suggested that other matters be taken up by the judge.
The court ruled, however, that Allen County, as the place to which the appellant was obligated to return in order to face the original charge, was the logical venue for the escape from custody charge and that it had jurisdiction to charge and convict the defendant of the subsequent crime. In both cases, the offenders had been taken into custody for crimes committed in that county and then transferred out of the county where they committed acts that gave rise to the subsequent charges. Here, based on the statement of defense counsel, the judge had reason to doubt Boorigie's competency.
The defendant also drew a layout of the utility room and indicated the position of Jenell's body and gave the drawing to Espe. The district judge also ordered an upward durational departure on the arson charge, doubling the sentence to 38 months, and sentenced the defendant to 7 months on each of the other counts. Boorigie was also convicted in counts 9 and 10 with criminally soliciting two men in the Elk County Jail to find someone to admit to killing Jenell. Section 10 of the Kansas Constitution Bill of Rights provides that in all prosecutions, the accused is entitled to a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. 21-3303, to commit the crime of aiding a person charged as a felon, in violation of K. Counts 9 and 10 of the amended complaint charged Boorigie, while in custody for the Montgomery County crime, with criminally soliciting Thomas and Espe in Elk County, Kansas. The kidnapping in Sedgwick County was the requisite to the commission of the rape in Ellsworth County. BROWN: I indicated to the Court and counsel I visited with my client and I don't want to go into specifics, but given the things that have occurred since I've come into the case, I think a competency evaluation would be warranted. "THE COURT: Motion will be granted and I think that can be performed here by Four County Mental Health. BROWN: And I might be mistaken, but don't we need to do an arraignment on the 2000 case? The district judge then proceeded to the pending arraignment and ruled on several other motions.
Except as otherwise provided by law, the prosecution shall be in the county where the crime was committed. Count 6 of the amended information charged: "That on or about December 20, 1999, Freddie Boorigie, Jr., in Montgomery County, Kansas, did contrary to the statutes of the State of Kansas, unlawfully and intentionally requested  Jason Myers, in violation of K. Generally, venue lies in the county where a criminal act occurs. The court concluded that venue for the rape charge was proper in either Sedgwick or Ellsworth County. 22-2603 and the rationale of the court, prosecution for count 6 was proper in either Wilson or Montgomery County and prosecution for counts 9 and 10 was proper in either Elk or Montgomery County. I believe we have a local mental health facility available to do this. The court received the results of the evaluation prior to trial.
A few minutes later, the defendant informed the firefighters that his wife, Jenell, was in the house.
He informed the firefighters that Jenell had been having trouble with the clothes dryer.
Under the facts of this case, the admission into evidence of the defendant's exculpatory statements to officers while in custody and without his attorney being present was not error. Three requirements must be satisfied to admit evidence under K. On the morning of December 23, 1998, the defendant visited his 6-year-old adopted daughter, Marijke, at the family farm where Marijke lived with her mother.
When a person only admits certain facts from which the jury may or may not infer guilt, there is no confession. If these requirements are met, the scope of appellate review is limited to whether the trial court abused its discretion. A criminal defendant has a right to an instruction on all lesser included offenses supported by the evidence at trial so long as (1) the evidence, when viewed in the light most favorable to the defendant's theory, would justify a jury verdict in accord with the defendant's theory and (2) the evidence at trial did not exclude a theory of guilt on the lesser offense. The opinion of the court was delivered by LOCKETT, J.: Defendant appeals his convictions of first-degree murder, arson, impairing a security interest, and six counts of criminal solicitation, claiming the trial court (1) lacked jurisdiction over the criminal solicitation charges; (2) failed to suspend the proceedings pending a competency hearing as required by K. The defendant was living with another woman, Michelle Harrod.
They determined that although the gas hose to the dryer had been cut and kinked, the cut did not penetrate the inner membrane of the hose; therefore, the dryer's gas hose was not the cause of the fire.