Statev. Pope, 23 Kan.App.2d 69, 74, 927 P.2d 503 (1997). To "falsify" a record implies intentionality consistent with the crime of making false entries or otherwise tampering with a public record with the intent to deceive, injure or conceal wrongdoing.
Vandervort's assertions of error do not include constitutional claims, but further research uncovered two cases relevant to our consideration of Vandervort's claim. In State v. Pope, 23 Kan. App. 2d 69, 927 P.2d 503 (1996), the Court of Appeals reviewed the merits of the defendant's claim that her prior Missouri juvenile adjudications should not have been included in her criminal history under the Kansas Sentencing Guidelines Act despite defense counsel's failure to object at the sentencing hearing. Both the defendant and her attorney agreed at the hearing that the criminal history shown in the presentence investigation (PSI) report was accurate. On appeal, defendant conceded that she did not object before the sentencing court to the use of the Missouri juvenile adjudications.
Nevertheless, such statutes do not prevent Kansas from including the out-of-state juvenile adjudications in a defendant's criminal history score. State v. Pope, 23 Kan.App.2d 69, 81, 927 P.2d 503 (1996), rev. denied 261 Kan. 1088 (1997). Under K.S.A.1999 Supp. 21-4711(f), out-of-state juvenile adjudications are treated as juvenile adjudications in Kansas.
Id. 927 P.2d 503, 507 (Kan. Ct. App. 1996) (citing State v. Shannon, 905 P.2d 649 (Kan. 1995); State v. Pratt, 876 P.2d 1390 (Kan. 1994)). See id.
Intentional second-degree murder is a specific intent crime. State v. Pope, 23 Kan.App.2d 69, 73 (1996), rev. denied 261 Kan. 1088 (1997). Thus in Griffin's case, it was error under state law to use the two aiding and abetting instructions together because it permitted the jury to substitute a "reasonably foreseeable" standard for the specific intent element of the charged offenses, including attempted second-degree intentional murder.
Based on this language, this court has recognized that K.S.A. 21–3402(a), the provision relating to intentional second-degree murder, defines a specific intent crime; a defendant must have the specific intent to kill. State v. Hayes, 270 Kan. 535, 543, 17 P.3d 317 (2001); State v. Pope, 23 Kan.App.2d 69, 73, 927 P.2d 503 (1996), rev. denied 261 Kan. 1088 (1997); see Richie v. State, 149 S.W.3d 856, 857 (Tex.App.2004) (“murder is known as a ‘result of conduct offense.’ [Citation omitted.] ... That is, the statute requires the accused to have had a particular mind set ... viz the prohibited result.”).
" an appellate court may review a claim that the sentencing court erroneously included recognition of a prior conviction notwithstanding the defendant's failure to object to his or her criminal history score. K.S.A. 21-4721(e)(2); State v. Pope, 23 Kan.App.2d 69, 79, 927 P.2d 503 (1996)." 276 Kan. at 851, 80 P.3d 44.
However, an appellate court may review a claim that the sentencing court erroneously included recognition of a prior conviction notwithstanding the defendant's failure to object to his or her criminal history score. K.S.A. 21-4721(e)(2); State v. Pope, 23 Kan. App. 2d 69, 79, 927 P.2d 503 (1996). Pennington relies on Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000).
Intentional second-degree murder is a specific intent crime. State v. Pope, 23 Kan. App. 2d 69, 73, 927 P.2d 503 (1996), rev. denied 261 Kan. 1088 (1997). Here, the district court found that there was no evidence that Hayes was intoxicated.
Reckless second-degree murder requires proof of “extreme indifference to the value of human life.” See State v. Engelhardt, 280 Kan. 113, 135, 119 P.3d 1148 (2005); State v. Pope, 23 Kan.App.2d 69, 77, 927 P.2d 503 (1996), rev. denied 261 Kan. 1088 (1997). By selecting “guilty” on the verdict form for unintentional second-degree murder and “not guilty” for involuntary manslaughter, the jury clearly expressed its finding that Belone's actions were more than merely reckless; to wit: reckless “under circumstances showing extreme indifference to the value of human life.”