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STATE v. RIOJAS

No. 98,196.

204 P.3d 578 (2009)

STATE of Kansas, Appellee, v. Mark A. RIOJAS, Appellant.

Supreme Court of Kansas.

March 27, 2009.

Attorney(s) appearing for the Case

Shawn E. Minihan, of Kansas Appellate Defender Office, argued the cause, and was on the brief for the appellant.

Lesley A. Isherwood, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Stephen N. Six, attorney general, were with her on the brief for the appellee.

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

Mark A. Riojas appeals from his convictions and sentence for one count of felony murder, K.S.A. 21-3401(b), and one count of aggravated robbery, K.S.A. 21-3427. Jurisdiction lies with this court under K.S.A. 22-3601(b)(1).

Richard Quinones was working as the third shift manager at a Burger King in Wichita, Kansas, on the morning of March 11, 2006. Shortly before 1:40 a.m., he saw two men, one African-American...

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