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STATE v. SPAIN

No. 78,001.

263 Kan. 708 (1998)

953 P.2d 1004

STATE OF KANSAS, Appellee, v. DAVID M. SPAIN, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1998.

Attorney(s) appearing for the Case

Ronald E. Wurtz, chief attorney, Death Penalty Defense Unit, argued the cause and was on the brief for appellant.

Edwin A. Van Petten, assistant attorney general, argued the cause, and Nels P. Noel, county attorney, and Carla J. Stovall, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

David Spain appeals from the hard 40 sentence imposed after he entered a plea to one count of premeditated first-degree murder.

These essential facts are not in dispute: On March 17, 1995, David Spain and two other inmates escaped from the Haskell County Jail after Spain shot the dispatcher, Irvin Powell. Spain fired one shot from behind, which struck Powell in the neck. After being told by...

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