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STATE v. MARTINEZ

No. 99,641.

204 P.3d 601 (2009)

STATE of Kansas, Appellee, v. Gabriel MARTINEZ, Appellant.

Supreme Court of Kansas.

March 27, 2009.

Attorney(s) appearing for the Case

Reid T. Nelson, of Capital and Conflicts Appeals Office, argued the cause and was on the brief for appellant.

John J. Bryant, assistant district attorney, argued the cause, and Jerome A. Gorman, district attorney, and Stephen N. Six, attorney general, were with him on the brief for appellee.

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

Gabriel Martinez appeals from his conviction of one count of premeditated first-degree murder and one count of criminal discharge of a firearm at an occupied vehicle. Jurisdiction lies with this court under K.S.A. 22-3601(b)(1).

On the night of December 23, 2006, brothers Jose David Contreras (David) and Nasser Contreras went to a Christmas Eve dance at the Rainbow Center in Kansas City, Kansas. They were...

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