State v. Luna

The opinion of the court was delivered by

McFarland, C.J.:

Enrique L. Luna appeals his conviction of two counts of aggravated assault arising out of a drive-by shooting incident. Defendant’s convictions were affirmed by the Kansas Court of Appeals in 28 Kan. App. 2d 148, 12 P.3d 911 (2001). The matter is before us on petition for review.

PROSECUTION AS AN ADULT

For his first issue, defendant contends the juvenile court judge erred in determining he should be tried as an adult. Prefiminarily it should be noted defendant was 17 years old at the time of the crime and was originally charged in…