State v. Gomez

Buser, J.:

Aaron G. Gomez appeals his convictions for two counts of aggravated assault in violation of K.S.A. 21-3410(a), and two counts of criminal discharge of a firearm at an occupied vehicle in violation of K.S.A. 21-4219(b). We affirm in part, reverse in part, and remand for resentencing.

Factual and Procedural Background

In the early morning hours of August 10, 2003, Gomez drove Jose Gauna to a prearranged fight with Justin Kutilek at a parking lot in Wichita, Kansas. Kutilek was seeing Gauna’s ex-girlfriend, Julie Swiler. Kutilek drove to the fight with Swiler as a passenger, while…