State v. Garcia

The opinion of the court was delivered by

Nuss, J.:

A jury convicted Ray F. Garcia of the rape and first-degree felony murder of P.E., a 73-year-old woman. Garcia received consecutive sentences: life in prison for the felony murder and 408 months’ imprisonment for the rape. Our jurisdiction is under K.S.A. 22-3601(b)(l), a maximum sentence of life imprisonment imposed.

The issues on appeal, and our accompanying holdings, are as follows:

1. Did Garcia’s prosecution for rape violate the Ex Post Facto Clause of the United States Constitution? Yes.

2. Did the district court err in allowing admission…