1. Home
  2. Browse Decisions
  3. Kan.
  4. 274 Kan.
  5. 274 Kan. 708 (2002)
 

STATE v. GARCIA

No. 87,691.

274 Kan. 708 (2002)

56 P.3d 797

STATE OF KANSAS, Appellee, v. JONATHAN DEWAYNE GARCIA, Appellant.

Supreme Court of Kansas.

Opinion filed October 25, 2002.

Attorney(s) appearing for the Case

J. Patrick Lawless, acting chief appellate defender, argued the cause and was on the briefs for appellant.

Edmond D. Brancart, county attorney, argued the cause, and Keri A. Kish, assistant county attorney, and Carla J. Stovall, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

Jonathan DeWayne Garcia appeals his sentences following a no contest plea to aggravated battery and incitement to riot.

The issues are whether: (1) the fact that Garcia's crimes were gang related under K.S.A. 2001 Supp. 21-4704a(k) must be proven to a jury beyond a reasonable doubt before that fact can be used to impose a prison term rather than probation, (2) the district court erred in failing to...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases