STATE v. PEREZ

No. 66,814

251 Kan. 736 (1992)

840 P.2d 1118

STATE OF KANSAS, Appellee, v. ANDREW PEREZ, JR., Appellant.

Supreme Court of Kansas.

Opinion filed October 30, 1992.


Attorney(s) appearing for the Case

J. Patrick Lawless, Jr., assistant appellate defender, argued the cause, and Steven R. Zinn, assistant appellate defender, was with him on the brief for appellant.

Julie McKenna, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with her on the brief for appellee.


The opinion of the court was delivered by

SIX, J.:

This is a criminal jury instruction case.

Defendant Andrew Perez, Jr., was convicted of the first-degree murder of his wife, Delores. K.S.A. 1991 Supp. 21-3401. Perez was sentenced, after a separate proceeding, to life imprisonment for 40 years without parole eligibility (commonly referred to as the "hard 40" under K.S.A. 1991 Supp. 21-4624 and K.S.A. 1991 Supp. 21-4628).

The instruction issue...

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