State v. Hernandez

The opinion of the court was delivered by

Johnson, J.:

Felipe D. Hernandez appeals the district courts denial of his K.S.A. 21-2512 petition for postconviction DNA testing. Because we hold that Hernandez satisfied his initial burden under K.S.A. 21-2512(a) and (c), we reverse and remand for a hearing utilizing the correct legal standards.

Factual and Procedural Overview

In 2003, a jury found Hernandez guilty of one count of rape, two counts of aggravated criminal sodomy, one count of domestic batteiy, two counts of criminal threat, and one count of aggravated battery. The jury found Hernandez not…