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Kansas Supreme Court reverses "Hard 50" sentence from Lyon County

A Lyon County murder conviction from 2011 has been reversed by the Kansas Supreme Court.

In Kansas v. Jimmy Dominguez, Dominguez appealed his convictions in Lyon County District Court for premeditated first-degree murder, aggravated battery, and discharge of a firearm at an occupied building. He also appealed his life sentence without the possibility of parole for 50 years.

The events in this case culminated in the 2009 shooting death of Jose Leyva and the wounding of Juan Rosales, Jr. The original incident involved a wedding dance and after-party, which led to Dominguez reportedly firing a rifle at a garage, with Leyva and Rosales inside. Leyva died from his injuries; Rosales suffered a gunshot wound to the thigh.

After considering the appellate arguments in this case, the Kansas Supreme Court has reversed Dominguez's first-degree murder conviction because of errors made in properly instructing the jury on considering felony murder as an alternative to the original charge. The remaining convictions will hold.

As for his "Hard 50" sentence, the Supreme Court has reversed that as well, since it ties with the first-degree murder charge.

 

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