State v. Astorga, 299 Kan. 395

Astorga convicted of first-degree premeditated murder; district court sought hard 50 sentence citing two aggravators: risk of death to more than one and a prior felony aggravator from a New Mexico second-degree murder.
Journal entry from New Mexico DOC was used to support the prior conviction aggravator.
Astorga offered two nonstatutory mitigating factors: victim’s prior violence toward Astorga and self-defense; district court gave hard 50 with no on-record mitigation findings.
On direct appeal, the court affirmed the murder conviction and related aggravators but rejected challenges to the risk-of-death aggravator and the hard 50 scheme based on pre-Alleyne law.
Following Alleyne, this court vacated Astorga’s hard 50 sentence and remanded for resentencing, finding the hard 50 procedure violated the Sixth Amendment; the court also considered whether amended statutes on remand could apply.
The court ultimately held the evidence supported the risk-of-death aggravator, vacated the hard 50 sentence for constitutional reasons, and remanded for resentencing while signaling that application of the amended statute on remand remains to be argued.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether hard 50 violates Sixth Amendment after Alleyne	Astorga argues jury must find aggravators beyond a reasonable doubt.	State relies on prior case law and recidivism exceptions.	Yes; hard 50 vacated and remanded for resentencing.
Whether prior-conviction aggravator falls under Almendarez-Torres exception	Astorga contends the journal entry did not show personal infliction of harm.	State maintains Almendarez-Torres exception applies; not necessary to decide here.	Not decided; court did not rely on that exception on remand.
Whether the risk-of-death aggravator is sufficiently proven	Evidence did not establish substantial risk to more than one person beyond a reasonable doubt.	Prosecution argues sufficient proof under aggravator statute.	Sufficient evidence supported risk-of-death aggravator; hard 50 vacated for Sixth Amendment error.

State v. Soto, 299 Kan. 102, 322 P.3d 334 (2014) (constitutional challenge to hard 50 post-Alleyne reasoning; remand guidance)
State v. Hilt, 299 Kan. 176, 322 P.3d 367 (2014) (Alleyne-era sufficiency review in hard 50 context)
State v. McCaslin, 291 Kan. 697, 245 P.3d 1030 (2011) (pre-Alleyne framework for aggravator findings)
State v. Conley, 270 Kan. 18, 11 P.3d 1147 (2000) (prior aggravator considerations in sentencing)
Almendarez-Torres v. United States, 523 U.S. 224 (1998) (recidivism exception to Apprendi ruling)