 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Jackson9/9/2005
to help Williams. The only evidence that Jackson attempted to help Williams came from his own statement. Jackson said that he told Williams to play like she was dead and that he would call the ambulance. However, Jackson never called an ambulance or alerted police.
In reviewing the evidence as required by Boldridge, Clanton's testimony supports the finding that Jackson's actions inflicted both mental anguish and physical abuse constituting continuous acts of violence against Williams. Jackson was directly responsible for leaving her in a condition that made it easier for Combs and Clanton to run over her with the U-Haul. Jackson's actions clearly fall within the definition of especially heinous, atrocious, or cruel found in K.S.A. 2003 Supp. 21-4636(f)(3) and (5).
Jackson's argument that the trial court relied on inherently unreliable evidence for its finding that the murder was committed for the purpose of receiving money or any other thing of monetary value also fails. This is another attempt to discredit Clanton's testimony. However, the jury's verdict demonstrates it found Clanton to be a credible witness. We do not reweigh the evidence or pass on the credibility of witnesses. State v. Moore, 269 Kan. 27, 30, 4 P.3d 1141 (2000).
Jackson's argument also overlooks the standard of review set forth previously. Clanton testified that Jackson helped load Williams' property into the U-Haul and took a small television with him when he returned to his apartment. This evidence supports the trial court's finding that Jackson committed the crime for the purpose of receiving money or other things of monetary value.
The trial court's findings regarding the aggravating circumstances are supported by the record. Jackson does not argue that the district court improperly weighed these factors against the mitigating factors. K.S.A. 2003 Supp. 21-4635(c) requires the district court to impose a hard 50 sentence if it concludes that the aggravated circumstances outweigh any mitigating circumstances. The trial court did not err when it sentenced Jackson to a hard 50 life sentence.
We have considered all of the arguments and find no error. The convictions and sentences are affirmed.
GERNON, J., not participating.
LARSON, S.J., assigned.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Kansas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|