No. 120,339 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. GELDY GUTIERREZ-FUENTES, Appellant. SYLLABUS BY THE COURT 1. Under the Sixth Amendment, whether a delay between arrest and trial is presumptively prejudicial for purposes of the defendant's constitutional right to a speedy trial is determined by the factual circumstances of each case rather than by a bright-line time frame. The delay analysis varies based on the complexity of the case. 2. When the record contains no evidence of a motive to mislead by an interpreter or other evidence questioning an interpreter's neutrality and the declarant testifies at trial, evidence of a neutral third-party's interpreted statements is attributed to the declarant without an additional layer of hearsay under the language conduit rule. 3. When a party submits a jury instruction on the elements of a charge with language broader than the charging document, and that instruction is later used by the court without objection, the invited error doctrine may bar an appellate court's consideration of that party's instructional error claim. 1 Appeal from Sedgwick District Court; DEBORAH HERNANDEZ MITCHELL, judge. Opinion filed November 25, 2020. Affirmed. Randall L. Hodgkinson, of Kansas Appellate Defender Office, for appellant. Matt J. Maloney, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, for appellee. Before GARDNER, P.J., WARNER, J., and ROBERT J. WONNELL, District Judge, assigned. WONNELL, J.: After law enforcement investigated personal injuries and property damage associated with an incident at an apartment complex on October 5, 2016, the State charged Geldy Gutierrez-Fuentes with one count of rape, one count of aggravated battery, one count of aggravated burglary, and one count of criminal threat. He was arrested on February 3, 2017, and the State filed an amended information on March 29, 2017, adding a second count of aggravated battery. After a series of continuances, Gutierrez-Fuentes' jury trial began on August 21, 2018. The jury found Gutierrez-Fuentes not guilty of rape and guilty on the remaining charges. On October 12, 2018, the district court sentenced Gutierrez-Fuentes to a controlling sentence of 82 months' imprisonment. He timely appeals. FACTUAL BACKGROUND On October 5, 2016, the Wichita Police Department received two 911 calls asking for assistance at D.S.'s address and reporting that a woman had been hit in the face and was bleeding. When Officer Dane Myers arrived, he saw D.S. sitting on the stairs outside her apartment building with "blood all over her face and . . . on her hand." Because D.S. did not speak English, Myers obtained D.S.'s name and apartment number from a neighbor and went to the scene to find the door had been forced open and a piece of the 2 door frame was lying on the ground. When Myers went into the apartment, he saw what appeared to be blood on the wall by a light-switch plate next to the door. D.S. was later transported to the hospital. When Myers arrived at the hospital, D.S. was speaking with hospital personnel ...
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