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STATE v. SAENZ

No. 84,054.

271 Kan. 339 (2001)

22 P.3d 151

STATE OF KANSAS, Appellee, v. VICTOR J. SAENZ, Appellant.

Supreme Court of Kansas.

Opinion filed April 27, 2001.

Attorney(s) appearing for the Case

Randall L. Hodgkinson, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the briefs for appellant.

Michael A. Russell, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

Defendant Victor J. Saenz was convicted of second-degree murder, an off-grid felony. The trial court imposed a life sentence without possibility of parole for 10 years. Defendant appeals, claiming he is entitled to a new trial because a State's witness lied in anticipation of a release from custody, and because the trial court failed to (1) instruct the jury to view with caution the testimony of a State...

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