State v. Garcia

The opinion of the court was delivered by

Six, J.:

Jonathan DeWayne Garcia appeals his sentences following a no contest plea to aggravated batteiy and incitement to riot.

The issues are whether: (1) the fact that Garcia’s crimes were gang related under K.S.A. 2001 Supp. 21-4704a(k) must be proven to a jury beyond a reasonable doubt before that fact can be used to impose a prison term rather than probation, (2) the district court erred in failing to make adequate findings on the record to support imposition of a prison term under K.S.A. 2001 Supp. 21-4704a(k), and (3) there was sufficient…