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STATE v. GALLEGOS

No. 98,949.

190 P.3d 226 (2008)

STATE of Kansas, Appellee, v. Hector H. GALLEGOS, Appellant.

Supreme Court of Kansas.

August 1, 2008.

Attorney(s) appearing for the Case

Randall L. Hodgkinson, of Kansas Appellate Defender Office, argued the cause, and Jennifer E. Conkling, of the same office, was with him on the briefs for appellant.

Nathan P. Eberline, assistant solicitor general, argued the cause, and Paul J. Morrison, attorney general, was with him on the brief for appellee.

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 life 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...

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