STATE v. GUTIERREZ

No. 94,317.

172 P.3d 18 (2007)

STATE of Kansas, Appellee, v. Mardoqueo GUTIERREZ, Appellant.

Supreme Court of Kansas.

December 7, 2007.


Attorney(s) appearing for the Case

Korey A. Kaul, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Nicholas J. Heiman, assistant county attorney, argued the cause, and Amy L. Aranda, assistant county attorney, and Phill Kline, attorney general, were with him on the brief for appellee.


The opinion of the court was delivered by BEIER, J.:

Defendant Mardoqueo Gutierrez challenges his criminal convictions arising out of a violent encounter with his estranged wife. We granted his petition for review on two issues: the sufficiency of the evidence against him on aggravated burglary and the legal viability of the crime of attempted voluntary manslaughter.

Factual and Procedural Background

Luz Gutierrez had obtained a protection...

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