State v. Astorga, 284 P.3d 279

Background

Astorga convicted of first-degree premeditated murder; challenges right to present defense and impartial jury; challenges statute 21-3214.
Astorga challenges hard 50 sentencing: aggravating factors, mitigating weighing, and jury-proof of aggravators; also constitutional challenge to hard 50 and identical offense doctrine claim.
Facts: Dec 26, 2008 shooting of Ruben Rodriguez; witnesses described Astorga at scene; Astorga testified in his own defense alleging self-defense and debt-related provocation.
District court instructed on self-defense and forcible felony; court gave forcible felony instruction based on 21-3214(1) and related terms; jury later instructed on limits of self-defense (no retreat required).
Sentencing: life with 50-year hard sentence for murder, plus consecutive aggravated presumptive terms; Astorga appeals conviction and sentence.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether forcible felony instruction and self-defense instruction were legally compatible.	Astorga: forcible felony instruction nullified self-defense theory.	State: both instructions appropriate given evidence of either self-defense or forcible felony.	The court correctly instructed on both self-defense and forcible felony; not reversible error.
Whether K.S.A. 21-3214(1) vagueness challenge is reviewable on appeal.	Astorga: statute vague and unconstitutionally vague as applied.	State: issue not raised below; ends of justice do not warrant new review.	Court declines to review 21-3214(1) vagueness issue on appeal.
Whether juror misconduct claim entitles a new trial.	Astorga: juror knew Astorga and failed to disclose; grounds for new trial.	State: trial preserved opportunities to object; silence precludes relief.	Juror misconduct claim waived due to lack of contemporaneous objection.
Whether the hard 50 sentence is justified, including aggravators and weighing of mitigating factors.	Astorga: misapplied aggravator; insufficient evidence; improper weighing of mitigating factors.	State: aggravating factors supported; defendant’s prior murder conviction; court weighed factors.	At least one valid aggravating factor exists; weighing supported; sentence affirmed; weighing should be more explicit in future.
Whether aggravated presumptive sentences are reviewable and whether identical offense doctrine applies.	Astorga: Apprendi-based challenge to aggravated presumptives; seeks resentencing under identical offense doctrine.	State: Johnson controls; lack of jurisdiction to review aggravated presumptives; identical offense doctrine rejected.	No jurisdiction to review aggravated presumptive sentences; identical offense doctrine inapplicable.

Key Cases Cited

State v. Hunt, 257 Kan. 388 (Kan. 1995) (affirming trial court’s self-defense and initial aggressor instructions)
State v. Beard, 220 Kan. 580 (Kan. 1976) (affirming self-defense and initial aggressor instructions; legal accuracy)
State v. Lawrence, 281 Kan. 1081 (Kan. 2006) (right to present theory of defense subject to rules of evidence)
State v. Plummer, 295 Kan. 156 (Kan. 2012) (review standard for jury instruction sufficiency and harmless error)
State v. Ward, 292 Kan. 541 (Kan. 2011) (harmless error standard and appellate review framework)
State v. Lopez, 271 Kan. 119 (Kan. 2001) (mitigating weighing and abuse of discretion standard for hard sentence)
State v. Higgenbotham, 264 Kan. 593 (Kan. 1998) (absence of mitigating findings implies imbalance favoring aggravators)
State v. Coleman, 271 Kan. 733 (Kan. 2001) (inferring mitigation when not addressed on record)
State v. Warledo, 286 Kan. 927 (Kan. 2008) (identical offense doctrine rejection for murder variants)
State v. Johnson, 286 Kan. 824 (Kan. 2008) (Apprendi limitations on review of aggravated presumptives; keeps Johnson controlling)
Ring v. Arizona, 536 U.S. 584 (U.S. 2002) (constitutional requirement for jury finding of aggravating factors in capital sentencing)
Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000) (fact-specific sentencing enhancements require jury findings)