State v. Astorga
Annotate this CaseAfter a jury trial, Defendant was convicted of first-degree premeditated murder and sentenced to life imprisonment with no possibility for parole for fifty years. The Kansas Supreme Court affirmed, concluding that the state’s hard fifty sentencing scheme was constitutional. Defendant filed a petition for writ of certiorari to the United States Supreme Court. Following its decision in Alleyne v. United States, the Supreme Court vacated the Court’s judgment and remanded the case for reconsideration in light of Alleyne. On remand, the Kansas Supreme Court vacated Defendant’s sentence, holding that the district court violated Defendant’s Sixth Amendment right to a jury trial when it imposed the hard fifty sentence.
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