State v. Gallegos

The opinion of the court was delivered by

Davis, J.:

Hector H. Gallegos was convicted of premeditated, first-degree murder and criminal possession of a firearm. See K.S.A. 21-3401; K.S.A. 21-4204. The court imposed sentences of fife imprisonment with no possibility of parole for 25 years for the murder conviction and 9 months’ imprisonment for the firearm offense, to be served consecutively. He now appeals, claiming that the district court erred (1) by not instructing die jury on voluntary manslaughter as a lesser included offense of first-degree murder and (2) by providing an instruction that…