State v. Johnson, 907 P.2d 140 (Kan. 1995)

Cases | State v. Johnson, 907 P.2d 140 (Kan. 1995) | 2018

The defendant, one of his brothers, his sister, and his sister’s boyfriend murdered the victim in order to obtain her car. The defendant was convicted by guilty plea of aggravated kidnapping, first-degree murder, and theft. The trial court received letters from the public and the victim’s family. In addition, the victim’s sister requested at sentencing that consecutive sentences be imposed on the defendant’s sister. On appeal, the defendant contended that his pleas were conditioned upon his understanding that no one would be permitted to argue in favor of consecutive life sentences for his sister. The supreme court found no abuse of judicial discretion in the trial court’s determination that the defendant failed to show good cause why he should be permitted to withdraw his plea. The defendant’s motion did not allege that he was not guilty of the offenses charged or that the plea was made because of fraud, duress, mutual mistake, or lack of understanding of the charge and the effect of the plea. The trial court found that the defendant’s counsel was an able and experienced attorney and that there was no basis on which to ground a motion to withdraw the plea based on ineffective assistance of counsel.