The Kansas Supreme Court today affirmed Wyandotte County convictions for two counts of premeditated first-degree murder and one count of fleeing or attempting to elude a police officer.
The case arose from the participation of Juan Lopez in a drive-by showing of rival gang members.
A unanimous court held that sufficient evidence was presented for the jury to determine beyond a reasonable doubt that Lopez was driving the car used in the drive-by shooting and that he acted with premeditated intent to kill.
In rejecting Lopez’ sentencing challenge, the court found that any error by the district court in taking judicial notice of facts relating to Lopez’ prior criminal case did not affect the current sentence and was harmless.
The decision is at http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2014/20140509/105601.pdf.