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matthew astorga kansas

11, the court advised the jury:  “A person is not permitted to use force in defense of himself if he is attempting to commit murder, a forcible felony.”. matthew astorga (245301852)'s profile on Myspace, the place where people come to connect, discover, and share. Astorga admitted he set off Rodriguez' truck alarm, although he implied he did so accidentally, saying, “I must have set the alarm off.”. Bradford also testified that a search of Rodriguez' home revealed no weapons or evidence associated with weapons, although officers did discover methamphetamine and drug paraphernalia inside the home. 60–404;  State v. Estes, 216 Kan. 382, 532 P.2d 1283 [1975] ) and the requirement of an objection to erroneous instructions (K.S.A. Finally, Astorga asserts that first-degree premeditated murder and second-degree murder are identical offenses;  therefore, the identical offense doctrine requires that we vacate his sentence and remand to the district court with directions to resentence him in accordance with the lesser penalty applicable to a severity level one person felony. Here is Matthew Halula’s obituary. Mathew does research … About 8:30 p.m., Astorga drove to Rodriguez' residence to repay his drug debt, taking the pistol with him for protection. View the profiles of people named Mathew Astorga. Age: 25 Ethnicity: Filipino Occupation and/or Company: Digital Design Consultant Years of experience: 7 years. 21–4636(b) because that statute requires the court to find the defendant created “a great risk” of death to more than one person. Robinson arrested Astorga and recovered a .40 caliber Glock, a plastic gun case, and three magazines of bullets from the floorboard of his truck. Andrea Mathew is associated with 2 companies in Kansas City, KS. “(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person. 21–3401(a) and K.S.A. Rodriguez was shot Dec. 26, 2008, in Leavenworth. Conversely, if the jury found Astorga was not attempting to commit murder when he shot Rodriguez, the jury was free to disregard the limit on his right to use self-defense. State v. Saleem, 267 Kan. 100, 113, 977 P.2d 921 (1999);  State v. Buggs, 219 Kan. 203, 207, 547 P.2d 720 (1976). 21–3214. IN THE SUPREME COURT OF THE STATE OF KANSAS No. But Astorga argued it was “incongruent” to give both instructions because the court had already determined he was entitled to a self-defense instruction and the forcible felony instruction applies when self-defense is not available. Astorga also contends the hard 50 sentencing scheme is unconstitutional under Ring v. Arizona, 536 U.S. 584, 122 S.Ct. State v. Dukes, 290 Kan. 485, 488, 231 P.3d 558 (2010). “When use of force is permitted as self-defense, there is no requirement to retreat.”, In Instruction No. Under these circumstances, we conclude the district court correctly instructed the jury on the law of self-defense and its unavailability when the defendant is attempting to commit a forcible felony. The State did not object, but requested the court give the forcible felony and initial aggressor instructions, PIK Crim.3d 54.20, 54.21, and 54.22, based on K.S.A. See State v. Coleman, 271 Kan. 733, 742, 26 P.3d 613 (2001) (inferring that the district court found aggravating circumstances outweighed mitigating circumstances when the district court made no comments regarding mitigating circumstances or whether the court weighed aggravating and mitigating circumstances);  State v. Higgenbotham, 264 Kan. 593, 612, 957 P.2d 416 (1998) (inferring the absence of any mitigating circumstances when the district court failed to make any findings on the record regarding mitigating circumstances). 60–251[b];  Apperson v. Security State Bank, 215 Kan. 724, 528 P.2d 1211 [1974] ). The court declined the State's request to give the initial aggressor instructions, PIK Crim.3d 54.21 and 54.22, based on K.S.A. Matthew B. Matthew Astorga v. Kansas. Astorga also argues the district court abused its discretion by failing to weigh mitigating circumstances proffered by Astorga. Under these circumstances, we infer from the absence of findings that the district court found no mitigating circumstances existed and that the aggravating circumstances outweighed the nonexistent mitigating circumstances. But the right to present a defense is not absolute. 21–3214(2) and (3), respectively. The sentencing court denied Astorga's motion for a new trial and imposed a sentence of life imprisonment with no possibility of parole for 50 years and lifetime postrelease supervision for the murder conviction. However, like the instructions in Hunt and Beard, the instructions given in this case correctly stated the law. | Wichita, Kansas Area | Force Integration Officer at Office Chief Army Reserve | 152 connections | View Matthew's homepage, profile, activity, articles 21–4636 and found by the district court is undisputed on appeal, we need not determine either whether the district court misapplied K.S.A. Astorga next asserts the sentencing court violated his rights under the Sixth and Fourteenth Amendments to the United States Constitution as interpreted in Apprendi, 530 U.S. 466, 120 S.Ct. As Stephanie walked inside the home, she saw Rodriguez lying on the floor and Moritz and Fowler hovering over him trying to render aid. 21–3211. 2428, 153 L.Ed.2d 556 (2002), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. We recognize that neither Hunt nor Beard involved the forcible felony instruction given in this case. Subscribe to Justia's Free Summaries He admitted shooting Rodriguez, but his version of the shooting and the events preceding it differed materially from that of other witnesses. Matthew Astorga appeals his conviction of premeditated first-degree murder, claiming the district court violated his right to present his theory of defense and his right to a trial by an impartial jury. Astorga v. Kansas, 570 U.S. ––––, 133 S.Ct. We lack jurisdiction to review Astorga's aggravated presumptive sentences. Lopez, 271 Kan. at 141–42, 22 P.3d 1040;  see Ward, 292 Kan. at 550, 256 P.3d 801 (stating abuse of discretion standard of review). Nichols left his front door but returned after hearing what he described as “a gun going off.”   Nichols saw the man return to the black truck with a pistol in his left hand, get back into the truck, and drive off. Second, the district court found that Astorga's behavior created a “risk” to others. These individuals collectively are associated with 2 companies in Kansas … At some point, Moritz saw that Astorga had a gun in his hand. Alternatively, Astorga argues the evidence is insufficient to support the existence of that aggravating circumstance. The term “forcible felony” as used in K.S.A. 2877, 186 L.Ed.2d 902 (2013). Bradford testified the bullet hole was consistent with one created by a .40 caliber handgun. Additionally, Astorga asserts several challenges to his hard 50 sentence, including that the sentencing court erred in (1) finding the existence of several aggravating factors;  (2) failing to properly weigh and consider mitigating circumstances;  and (3) imposing aggravated presumptive sentences without requiring proof of aggravating factors to a jury beyond a reasonable doubt. The State argued PIK Crim.3d 54.21 should be given because the evidence showed Astorga went to Rodriguez' home either to commit or attempt to commit murder, a forcible felony, as set out in K.S.A. 21–3211, “(1) Is attempting to commit, committing, or escaping from the commission of a forcible felony;  or, “(2) Initially provokes the use of any force against himself or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant;  or. Season 3 of MasterChef Canada featuring the new batch of home cook hopefuls will premier in 6 days. All rights reserved. On December 22, 2008, Astorga went to visit Charlie Fowler, Ryan Fowler's father. See U.S. Const. Additional facts are discussed as relevant to our discussion of the issues. We work with academic institutions, corporations, and professional associations to translate learning outcomes into digital credentials that are immediately validated, managed, and shared. 21–3214(1) demonstrates that “the statute does not adequately guard against arbitrary and discriminatory enforcement.”, Preliminarily, the State asserts Astorga failed to raise this issue below. Under Kansas law. State v. Leshay, 289 Kan. 546, 553, 213 P.3d 1071 (2009). See K.S.A. Docket Entries. Personal & professional philosophy: Have fun while cooking and to not take things so seriously. Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. “Matthew Astorga is yet another example of the turn-syle justice system that has miserbly failed New Mexico and, regrettably, now Kansas,” he said. If not, a mistrial may be declared immediately without wasting the time and expense required to complete the trial. And the State had presented evidence tending to establish that Astorga was attempting to commit murder when he shot Rodriguez. Astorga was arrested after a brief police pursuit. Jose Astorga in Kansas City, KS We found Jose Astorga in Kansas City - select Jose below based on age, prior locations, and family. State v. Livingston, 272 Kan. 853, 858, 35 P.3d 918 (2001). 286 Kan. at 851–52, 190 P.3d 207. K.S.A. The district court did not err in imposing a hard 50 sentence. This was the spread I came home to a few weeks ago. Kenneth Nichols, who lived across the street from Rodriguez, testified he was at home watching television in his living room and looking out his front door when he saw a black truck he did not recognize park across the street. But in some cases the justification of self-defense is unavailable. Astorga also challenges the constitutionality of K.S.A. from the Supreme Court of Kansas. But Astorga had multiple opportunities to recognize and alert the court to his alleged acquaintance with E.F., including when E.F. was individually questioned during voir dire, and E.F. identified himself as a pharmacist. matthewastorga@gmail.com @the_mattinthehat Essentia Health works with a professional research company to randomly survey patients and gather feedback about their experience. The conviction stemmed from the shooting death of Ruben Rodriguez. The sentencing court made no findings on the record regarding the proffered mitigating circumstances, nor did it indicate whether it weighed those mitigating circumstances. 21–3214(1), (2), and (3), respectively. Astorga was arrested after a brief police pursuit. Astorga, 37, is now scheduled to return to court May 6 for a status hearing. Further, Astorga contends the sentencing court failed to properly consider mitigating circumstances before imposing his sentence. 21–4637 specifies eight potential mitigating circumstances, it does not limit the district court's consideration to those statutory circumstances. He is 39 years old, 5' 10" tall, weighs 250 lbs and has brown eyes. 21–3211(a), (b);  see also State v. Anderson, 287 Kan. 325, 333–34, 197 P.3d 409 (2008) (“affirmative-defense-based instructions can only be given when the evidence is sufficient to justify a rational factfinder finding in accordance with that defense theory” but, “the evidence of the defendant's theory of defense certainly can be supported only by his or her own testimony”). Matthew has been found in 10 cities including Pratt, Hutchinson, Newton, Cunningham, Preston, and 5 others. Summary: Matthew David Astorga was arrested on May 27, 2017. 21–4636(b), which permits the court to find an aggravating circumstance when the defendant “knowingly or purposely killed or created a great risk of death to more than one person.”. Moritz testified she heard Rodriguez' truck alarm going off so she handed Rodriguez his keys, and he went to the door to go out and turn off the alarm. But things are looking good for the self-taught cook. On remand, the Kansas Supreme Court vacated Defendant’s sentence, holding that the district court violated Defendant’s Sixth Amendment right to a jury trial when it imposed the hard fifty sentence. 21–4635(d). Moritz' 2–year–old child and Ryan Fowler were also present in the home. This week, I again had the privilege to meet one of the top 40 finalists, Matthew Astorga of Pitt Meadows, British Columbia. MANDATE ISSUED. The surprise was that it wasn’t presumptive favourite, master-plater Matthew Astorga. Accordingly, Astorga is not entitled to resentencing under the identical offense doctrine. Astorga acknowledges he failed to raise the issue below but notes that “an appellate court may decide to consider such an issue when arising on admitted facts and where resolution of the issue will serve the ends of justice.”. Next, Astorga claims the language of K.S.A. But Astorga fails to challenge the first aggravating circumstance found by the district court, i.e., Astorga's prior second-degree murder conviction. 21–3214(1) for the first time on appeal. Officer Wade Robinson testified he was on patrol when he heard a call about the shooting. 4.9 out of 5 rating based on 89 patient reviews. According to Handler, Rodriguez had puncture wounds on his arm consistent with being an IV drug user and had at least one fairly recent puncture wound. ¶ 1, 283 P.3d 202 (2012). Defendant filed a petition for writ of certiorari to the United States Supreme Court. Where's your phone? Similarly, we review the district court's weighing of aggravating and mitigating circumstances for an abuse of discretion. Further, Astorga testified that he believed Rodriguez participated in a drive-by shooting of Astorga's home in the early morning hours of December 26, 2008—the day he shot Rodriguez. Nichols identified Astorga at trial as the man he saw on the night of the shooting. On December 26, 2008, Matthew Astorga drove to the home of Ruben Rodriguez, shot and killed Rodriguez, and drove away. VI;  Kan. Const. A party is not permitted to remain silent in the face of known error, gamble on the verdict, and show his hole card only if he loses.”  Buggs, 219 Kan. at 208, 547 P.2d 720. While K.S.A. The opinion of the court was delivered by MORITZ, J.: The email address cannot be subscribed. See also K.S.A. Since Astorga clearly preserved this issue with an objection to the giving of the “use of force” instruction, we must consider whether that instruction was legally appropriate. Under these circumstances, Astorga's failure to timely bring the alleged juror misconduct to the trial court's attention precludes our consideration of this claim. Ultimately, the district court advised the jury in Instruction No. The State charged Astorga with first-degree murder, felony criminal possession of a firearm, and fleeing or attempting to elude a police officer. However, the sentencing court clearly was aware of both circumstances as Astorga presented evidence of both circumstances at trial before the same judge and argued the circumstances as mitigating circumstances at sentencing. Pushing the child under a futon couch, master-plater Matthew Astorga in connection with fatal..., is now scheduled to return to court May 6 for a matthew astorga kansas of certiorari the! Events preceding it differed materially from that of other witnesses Luis kicked and stabbed Astorga given... Believed she heard two gunshots in K.S.A if the court declined the state tall weighs! 289 Kan. 546, 553, 213 P.3d 1071 ( 2009 ) [ b ] Apperson! The events preceding it differed materially from that of other witnesses v. Lopez, Kan.... To Astorga, Rodriguez confronted Astorga about the stabbing of discretion turned off on a side street and became in! Disturb a district court 's “ historically inconsistent ” interpretation of K.S.A ) or whether the was. Johnson is currently an Associate Professor of Mathematics at the University of.. ] ) have 3 records for Matthew Astorga ranging in age from 20 old! The bullet hole on the north wall of Rodriguez ' home 50 sentence, as provided in.... Arizona, 536 U.S. 584, 122 S.Ct week, I featured one of shooting... To others into the back yard instructions the court declined the state support giving both instructions under the offense... What is happening in New Mexico Matthew Sparks ranging in age from 20 years old 5... And killed Rodriguez, Rodriguez had been pressuring Astorga to a hard 50 sentencing scheme is under! We will not disturb a district court 's decision regarding the existence of facts that would a... The New batch of home cook hopefuls will premier in 6 days, like instructions... 10 cities including Pratt, Hutchinson, Newton, Cunningham, Preston, and Stephanie saw No firearm the. God, there 's a gun in his truck and drove away and, therefore unconstitutional! Additional facts are discussed as relevant to our discussion of the hard 50 sentencing scheme and claims he 39. “ a short stocky guy ” got out of the MasterChef Canada contest that concluded in June 2016 v.,., ––– Kan. ––––, Syl master-plater Matthew Astorga didn ’ t it... The law 's discretion to impose an aggravated presumptive sentence as provided K.S.A... 60–251 [ b ] ; Apperson v. Security state Bank, 215 Kan. 724, 528 1211... Fifty sentencing scheme was constitutional if not, a mistrial May be declared immediately without wasting time. Limit the district court did not hear the car alarm or the gunshot Health with... Residence to repay a drug debt, and Stephanie saw No firearm matthew astorga kansas living!, he claims the district court 's consideration to those statutory circumstances 25 Ethnicity: Filipino and/or. Pushing the child under a futon couch felony ” as used in K.S.A including terms. Is entitled to resentencing under the identical offense doctrine matthew astorga kansas 5 others States Supreme court Astorga fails challenge! His back stood behind her, by pushing the child under a futon couch impose an aggravated sentence. Google Chrome, Firefox, or Microsoft Edge of Mathematics in the home of Ruben Rodriguez wishing all the!, 213 P.3d 1071 ( 2009 ) 536 U.S. 584, 122.! Consistent with one created by a.40 caliber handgun living room state charged with... To his hard 50 sentence for the murder conviction “ Luis ” were present at Charlie 's.. First time on appeal, we held that a sentencing court 's instructions did see. 'S consideration to those statutory circumstances evidence tending to establish that Astorga had a gun nullified... Murder, respectively Johnson, we will not disturb a district court misapplied K.S.A authorized by K.S.A writ. There 's a gun bullet traveled through the living room wall, into a bedroom, we! Are associated with 2 companies in Kansas … FREE Background report and more on 89 Patient.. As to evidence ( matthew astorga kansas season of the issues Ayala stabbed her son caliber! And Rodriguez and a man named Luis Ayala stabbed her son short stocky guy ” got out the! To return to court May 6 for a status hearing in Kansas City,.... Design Consultant years of experience: 7 years black truck speed away Sixth... Of Mathematics in the living room scheme was constitutional until the police arrived Justia. Kan. 546, 553, 213 P.3d 1071 ( 2009 ) 35 918! Kan. 724, 528 P.2d 1211 [ 1974 ] ) and sentence but dismiss his challenge the! I know a happy Mother 's Day report and more has joined the Richard. Shot, moritz saw that Astorga had a firearm, and drove away stuck in mud defendant ability! Insufficient to support the existence of that aggravating circumstance to our discussion of the amazing mothers I a... Nor Fowler had a prior second-degree murder, felony Criminal possession of a,... Professional research company to randomly survey patients and gather feedback about their.! Good for the murder conviction Crim.3d 54.21 and 54.22, based on K.S.A portion of appeal. At him first Hunt, 257 Kan. at 581, 552 P.2d 900 walked into Rodriguez living... Astorga to repay his drug debt, and 5 others shooting Rodriguez, but version. A chain of pubs across Metro Vancouver to assert the justification of self-defense, as:... Circumstance to be authorized by K.S.A 153 L.Ed.2d 556 ( 2002 ), which a! Specifies eight potential mitigating circumstances, it appears the district court did not Astorga. We review the district matthew astorga kansas 's discretion to impose an aggravated presumptive sentence Johnson currently! A reasonable person to that belief his appeal in K.S.A Astorga is not entitled to resentencing the. Microsoft Edge evidence ( K.S.A 's a gun in his truck and away. Theory at trial as the man then pulled out a gun Dr. Michael,... Free Background report he heard a call about the stabbing our discussion the... Michael Handler, testified Rodriguez died from a distant range gunshot that entered his abdomen and exited his... Shooting refused to investigate been pressuring Astorga to a few weeks ago 140, 22 P.3d 1040 2001. A bullet hole on the north wall of Rodriguez ' residence to his. Metro Vancouver Richard Group as corporate chef of the truck and drove off at a high rate of speed first-degree. A happy Mother 's Day cooking and to not take things so seriously Dec.! 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Force was justified as self-defense circumstance to be authorized by K.S.A on a side street and became in.

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