State v. Espinoza

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 118,737 STATE OF KANSAS, Appellee, v. FILIBERTO B. ESPINOZA JR., Appellant. SYLLABUS BY THE COURT A defendant making an as-applied challenge to the constitutionality of a sentence under § 9 of the Kansas Constitution Bill of Rights has an obligation to ensure an adequate factual record is developed in district court. If necessary, this requires the defendant to file a motion invoking the judge's duty to make findings of fact and conclusions of law under Supreme Court Rule 165 (2020 Kan. S. Ct. R. 215). Appeal from Wyandotte District Court;…