State v. Hoffman

200 P.3d 1254, 288 Kan. 100, 2009 Kan. LEXIS 4
CourtSupreme Court of Kansas
DecidedJanuary 30, 2009
Docket98,394
StatusPublished
Cited by19 cases

This text of 200 P.3d 1254 (State v. Hoffman) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hoffman, 200 P.3d 1254, 288 Kan. 100, 2009 Kan. LEXIS 4 (kan 2009).

Opinions

The opinion of the court was delivered by

ROSEN, J.;

Eric D. Hoffman appeals from his convictions for one count of first-degree felony murder, one count of aggravated burglary, and one count of aggravated battery. His trial and conviction were the end result of the following series of events.

Aaron Wood moved to Eureka, Kansas, in August 2005, with his fiancee and their daughter. They moved in with the Welches’, his fiancée’s aunt and uncle. Hoffman and Wood became friends. About a month later, Wood accused another friend, Stacy Morton, of telling Wood’s fiancée that Wood had been unfaithful to her, and tension developed between the two men.

[102]*102On the evening of September 8, 2005, Hoffman, Wood, and Morton met at the Welches’, where Wood challenged Morton to a fight. Hoffman approached Morton, and Morton stepped away, calling Hoffman a “nigger” or a “faggot.” Hoffman pursued Morton and punched him in the jaw, knocking him down. The police were summoned, but Morton declined to identify the parties involved.

A little over a month later, on October 11, 2005, Hoffman and Wood visited a couple of bars together. They then walked by Morton’s home, where they saw Morton and another man, James Spoon, outside. Hoffman and Wood approached the door and briefly spoke with Morton. Morton then invited Hoffman and Wood, inside, and Spoon left shortly afterwards.

Inside the house, Hoffman, Wood, and Morton began to fight. Hoffman used brass knuckles to punch Morton in the ribs, and Wood hit Morton several times and slammed Morton’s head into a wall a couple of times. After 5 to 10 minutes, Hoffman and Wood left Morton’s home. When they left, Morton was “all right,” talking to them, and walking around.

Hoffman and Wood met up at a bar and then went to another bar, where they drank beer and where Wood consumed methamphetamine. They decided to return to Morton’s home and “beat him up some more.”

On the way, they broke out the window of a delivery truck, with Hoffman first striking it with his brass knuckles and Wood then putting his elbow through the glass. They then encountered an acquaintance, P.J. Harriger, and told him they were going to beat someone up. Harriger followed them to Morton’s home and watched Hoffman run to the back of the house while Wood approached the front door. Harriger then walked away from the scene.

Wood used a black folding knife to cut Morton’s telephone line. Hoffman attempted to cut the cable line with a knife with an Indian design; when he was unsuccessful, Wood cut the line with his knife. Wood then broke in the locked door. They entered the house through the kitchen, where Hoffman picked up a knife from a counter.

[103]*103They found Morton asleep on a futon in the living room. Hoffman approached Morton and began to stab him repeatedly with the kitchen knife. Hoffman then handed the kitchen knife to Wood, who stabbed Morton another six or seven times, while Hoffman continued to stab Morton with his Indian-design knife. After-wards, Hoffman attempted to cut Morton’s throat.

At some point during the attack, Hoffman may have picked up a 2-foot-long stick that was lying by the futon and hit Morton over the left eye with it. Wood testified that Hoffman used the stick in the second attack but conceded it might have been during the fight earlier that day.

Hoffman and Wood left Morton’s house, taking the kitchen knife and stick with them. They also disabled Morton’s cordless telephone and threw it in the yard. As they left, they saw Harriger, who ran away from them. They chased Harriger home; later, they telephoned him and threatened to hurt him if he reported what he had seen.

Hoffman and Wood eventually made their way to Crystal Strickler’s apartment. Wood asked her whether he could borrow her car. Although she said no, he took the car anyway. Wood drove Hoffman home and then parked the car several blocks from Strickler’s apartment. He threw Morton’s kitchen knife on the top of a nearby building and then walked back-to the Welches’.

Morton’s girlfriend discovered Morton’s dead body the next morning and called the police. The police questioned Wood, who claimed to know nothing about Morton’s death and requested an attorney. The police interviewed Hoffman a number of times. He initially insisted he was only a spectator during the second visit to Morton’s home, when he watched Wood hit and kick Morton, who was still speaking and ambulatory when they left. By his fifth interview, he acknowledged hitting Morton on the head with the stick and conceded he might have caused some of the stab wounds.

Subsequent searches and disclosures by Wood produced an Indian-design knife at Hoffman’s home, a black folding knife at the Welches’ house, a hand-carved club from a house into which Wood was moving, and a kitchen knife recovered from the place where Wood said he had thrown it.

[104]*104The autopsy report disclosed signs of blunt-force trauma to Morton’s head, a broken jaw, stab wounds to his neck and torso, and defensive wounds to his hands and forearms. The autopsy examiner concluded that the cause of his death was “[mjultiple blunt force injuries and then also multiple sharp force injuries,” with both types of injuries contributing equally to his death.

Wood entered a guilty plea to first-degree felony murder, and the State dismissed charges of aggravated burglary, aggravated battery, and felony theft. He received a sentence of life with the possibility of parole after 20 years.

A jury found Hoffman guilty of first-degree felony murder, aggravated burglary, and aggravated battery. The district court sentenced him to life imprisonment for murder, with consecutive terms of 41 months for burglary and 32 months for battery. He filed a timely notice of appeal.

Hoffman initially argues that the district court erred in failing to instruct the jury on a lesser included crime of involuntary manslaughter. He contends the jury could have concluded from the evidence before it that Morton’s death was the end product of a misdemeanor instead of a felony. He suggests the jury could have found that Hoffman entered Morton’s house with the intention of committing a simple battery, thereby resulting in a misdemeanor burglary, which would not support a felony murder conviction.

Hoffman did not object to the jury instructions as they were presented. If a defendant does not object to the trial court’s giving or failure to give an instruction on lesser included offenses, it is reversible error only if the giving of the instruction or the failure to give the instruction was clearly erroneous. State v. Engelhardt, 280 Kan. 113, 134, 119 P.3d 1148 (2005).

When the defendant fails to request a lesser included offense instruction, the failure to give the instruction is clearly erroneous “only if the appellate court reaches a firm conviction that, had the instruction been given, there was a real possibility the jury would have returned a different verdict. [Citation omitted.]” State v. Simmons, 282 Kan. 728, 741, 148 P.3d 525 (2006).

The duty to instruct on a lesser included offense arises only when evidence supports the lesser crime. The evidence of the lesser [105]

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State v. Hoffman
200 P.3d 1254 (Supreme Court of Kansas, 2009)

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Bluebook (online)
200 P.3d 1254, 288 Kan. 100, 2009 Kan. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hoffman-kan-2009.