Appeal No. 117,162: State of Kansas v. Christopher M. Dale
Archived oral argument
This is Dale's second appeal from his Johnson County convictions. Dale took three individuals' property in one incident. The State charged Dale with two counts of aggravated robbery and one count of theft. Each count related to a different victim. In Dale's initial appeal, the Court of Appeals held jury instruction error required a new trial on the aggravated robbery counts but affirmed the theft count. The State retried Dale on the aggravated robbery counts. In Dale's second appeal, the Court of Appeals reversed Dale's theft conviction as a lesser included offense of his aggravated robbery convictions but affirmed his aggravated robbery convictions. On petition for review to the Supreme Court, Dale argued only his lesser included offense of theft could stand because all three counts amounted to one criminal offense in violation of double jeopardy. The Supreme Court affirmed Dale's aggravated robbery convictions. The Supreme Court held if continued prosecution follows a defendant's appeal and a defendant is found guilty of a greater offense after a lesser included offense has been affirmed, a court may generally vacate the sentence for the lesser included offense and impose a sentence for the greater offense. The Supreme Court also held Dale's two aggravated robbery convictions did not violate double jeopardy even though they arose from one transaction because Dale and his companion, while armed with a BB gun, took property in the possession or control of two individuals by force directed at both.