We do not intend to repeat in any detail the extreme violence of the crimes which led to defendant's convictions. Defendant is the mother of Lewis Mincey, who, along with Everett Hayes, inflicted multiple acts of violence on a victim whose only mistake was to invite them into her home to use the telephone. While in the home, Lewis and Everett robbed the victim, raped her, and cut her throat. The victim feigned death, and the perpetrators at one point dropped an 8-pound barbell on her chest to see if she was alive or dead. Lewis and Everett were both convicted and sentenced for their crimes.
Defendant raises several issues on appeal.
The question of multiplicity is a question of law over which this court can exercise unlimited review. The concern with multiplicity is that it creates the potential for multiple punishments for the same offense, which is prohibited by the double jeopardy clause of the Fifth Amendment of the United States Constitution and section 10 of the Kansas Bill of Rights. The law on the subject is a bit murky due to conflicting Supreme Court decisions. Charges are not multiplicitous if each charge requires proof of a fact not required in proving the other . The Webber court went on to decide the very issue raised in this case at Syl.