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STATE v. HEATH

No. 77,538.

264 Kan. 557 (1998)

957 P.2d 449

STATE OF KANSAS, Appellee, v. GLENN A. HEATH, JR., Appellant.

Supreme Court of Kansas.

Opinion filed April 17, 1998.

Attorney(s) appearing for the Case

Mary Curtis, assistant appellate defender, argued the cause and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellant.

Joan M. Hamilton, district attorney, argued the cause, and Carla J. Stovall, attorney general, was with her on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

Two-year-old Cain Baker died from internal bleeding caused by blunt trauma. Glenn A. Heath, Jr., the live-in boyfriend of Cain's mother, was charged with and convicted of first-degree felony murder and abuse of a child. He appeals, claiming that: (1) his convictions of both felony murder and the underlying felony of abuse of a child constitute double jeopardy and violate his due process rights; (2) the trial...

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