State v. Garza

The opinion of the court was delivered by

Lockett, J.:

The State appeals the district judge’s finding that no crime was committed and dismissal of a complaint charging defendant Austin Garza with aggravated battery, K.S.A. 21-3414(a)(2)(A). Jurisdiction is pursuant to K.S.A. 22-3602(b)(l).

There was “bad blood” between the defendant, Austin Garza, and Caesar Vaca. On April 8, 1994, around 11:30 p.m., Garza encountered Vaca outside a Town and Country store in Overland Park, Kansas. Each obtained a gun and began firing at the other. Jennifer Minton, who was standing behind the defendant, was…