The Kansas Supreme Court today affirmed the conviction of Eldier Molina on two counts of first-degree premeditated murder.
Molina also was found guilty of criminal possession of a firearm, which was affirmed. Also affirmed were Molina’s sentences of life without parole for 25 years for one murder conviction and eight month for the firearm conviction. The case was heard in Wyandotte County District Court.
The case grew out of a double-fatality shooting involving two cars on the street near 18th and Central on Nov. 13, 2009, according to court documents.
The Supreme Court vacated Molina’s life sentence without the possibility of parole for 50 years, and remanded for resentencing.
The court rejected Molina’s claims that the district court erred in failing to provide two unrequested jury instructions and his claim that the district court violated his constitutional right to be free from double jeopardy by imposing two consecutive life sentences.
The court vacated Molina’s hard 50 sentence, concluding it was imposed in violation of Molina’s Sixth Amendment right to a jury trial, and remanded for resentencing.