STATE v. HERNANDEZ

No. 108,684.

366 P.3d 200 (2016)

303 Kan. 609

STATE of Kansas, Appellee, v. Felipe D. HERNANDEZ, Appellant.

Supreme Court of Kansas.

January 15, 2016.


Attorney(s) appearing for the Case

Janine Cox, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Julie A. Koon, assistant district attorney, argued the cause, and Marc Bennett, district attorney, and Derek Schmidt, attorney general, were with her on the brief for appellee.


Felipe D. Hernandez appeals the district court's denial of his K.S.A. 21-2512 petition for postconviction DNA testing. Because we hold that Hernandez satisfied his initial burden under K.S.A. 21-2512(a) and (c), we reverse and remand for a hearing utilizing the correct legal standards.

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