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IN THE SUPREME COURT OF THE STATE OF KANSAS No. 99,813 STATE OF KANSAS, Appellee, v. JEREMY JOSEPH WELLS, Appellant.

SYLLABUS BY THE COURT 1. Determining whether evidence was properly admitted pursuant to K.S.A. 60-455 requires several steps. The appellate court must first determine that the fact to be proven is material, e.g., concerning intent, motive, knowledge, or identity. In other words, the court must determine whether the fact has a legitimate and effective bearing on the decision in the case. The appellate court standard of review for materiality is de novo. The appellate court must then determine whether the material fact is disputed, i.e., the element or elements being considered must be substantially at issue in the case. The appellate court must also determine whether the evidence presented is relevant to prove the disputed material fact, i.e., whether it has any tendency in reason to prove that fact. The appellate court reviews relevance

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