State v. Riojas

The opinion of the court was delivered by

Rosen, J.:

Mark A. Riojas appeals from his convictions and sentence for one count of felony murder, K.S.A. 21-3401 (b), and one count of aggravated robbery, K.S.A. 21-3427. Jurisdiction lies with this court under K.S.A. 22-3601(b)(l).

Richard Quinones was working as the third-shift manager at a Burger King in Wichita, Kansas, on the morning of March 11,2006. Shortly before 1:40 a.m., he saw two men, one African-American and one Hispanic, running toward the Burger King from the parking lot of a McDonald’s across the street. It appeared that the Hispanic…