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STATE v. AVALOS

No. 78,409.

266 Kan. 517 (1999)

974 P.2d 97

STATE OF KANSAS, Appellee, v. JOSE AVALOS, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1999.

Attorney(s) appearing for the Case

Mary D. Prewitt, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellant.

Tamara S. Hicks, assistant county attorney, argued the cause, and Lois K. Malin, assistant county attorney, John P. Wheeler, Jr., county attorney, and Carla J. Stovall, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Jose Avalos appeals from the district magistrate judge's order authorizing his prosecution as an adult pursuant to K.S.A. 38-1636(f).

During the early morning hours of February 4, 1996, there were a number of young people at a party at 1809 Chesterfield in Garden City, Kansas. Many were members of the YC gang. A fight began in which Juan Ayon was hit by six or more people, including Adam Valdez...

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