State v. Hernandez

The opinion of the court was delivered by

Davis, J.:

Jeremy Hernandez appeals from his conviction of first-degree murder and from the trial court’s imposition of his hard 40 sentence. The defendant contends that his conviction and sentence must be reversed based upon the following claims of error: (1) prosecutorial misconduct involving comments on his right to remain silent; (2) the admission of hearsay evidence; (3) the admission of repetitious, gruesome photographs; (4) the unconstitutionality of Kansas’ hard 40 sentencing scheme; and (5) the insufficiency of evidence to support his hard 40…