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Please accept Echovita’s sincere condolences. Nichols left his front door but returned after hearing what he described as “a gun going off.”   Nichols saw the man return to the black truck with a pistol in his left hand, get back into the truck, and drive off. She did not mention Rodriguez, and Astorga refused to speak to Robinson about the stabbing. The sentencing court made no findings on the record regarding the proffered mitigating circumstances, nor did it indicate whether it weighed those mitigating circumstances. The man then pulled out a gun and walked toward Rodriguez' home. Credly's Acclaim is a global Open Badge platform that closes the gap between skills and opportunities. Personal & professional philosophy: Have fun while cooking and to not take things so seriously. Additional facts are discussed as relevant to our discussion of the issues. Astorga next asserts the sentencing court violated his rights under the Sixth and Fourteenth Amendments to the United States Constitution as interpreted in Apprendi, 530 U.S. 466, 120 S.Ct. But in some cases the justification of self-defense is unavailable. Thus, if the jury found that Astorga was attempting to commit murder when he shot Rodriguez, he was not permitted to use force in defense, and the district court appropriately gave the forcible felony instruction. Matthew has been found in 10 cities including Pratt, Hutchinson, Newton, Cunningham, Preston, and 5 others. Names: Cecilia Hernandez, Matthew Astorga, Monterey Hart, Ashley Ortiz, Othman Jalloh, Gavriella Miller Japan Menu Monday Breakfast: Tamago Yaki Ingredients: eggs, vegetable oil/butter, nori (optional), dashi powder (optional) This dish is a Japanese omelet. Further, Astorga contends the sentencing court failed to properly consider mitigating circumstances before imposing his sentence. As the State points out, we rejected this same argument in State v. Warledo, 286 Kan. 927, 951, 190 P.3d 937 (2008) (explaining that crimes of first-degree premeditated murder and second-degree intentional murder are not identical because first-degree premeditated murder requires the additional element of premeditation). Defendant filed a petition for writ of certiorari to the United States Supreme Court. About 8:30 p.m., Astorga drove to Rodriguez' residence to repay his drug debt, taking the pistol with him for protection. Stephanie and Fowler went outside to flag down police. Matthew Astorga didn’t make it to the top in the last season of the MasterChef Canada contest that concluded in June 2016. Astorga further argues this court's “historically inconsistent” interpretation of K.S.A. Here, Astorga suggests without explanation that “resolution of the issue will serve the ends of justice.”   But we conclude the ends of justice have been adequately served by addressing the alleged instructional error raised below, and we decline to review Astorga's challenge to the constitutionality of K.S.A. During the preliminary jury instructions conference, Astorga requested a self-defense instruction. Astorga testified that about 4:30 p.m. on December 26, 2008, he traded his dune buggy for a .40 caliber pistol and three magazines containing 45 rounds of ammunition. SYLLABUS BY THE COURT Kansas' former statutory procedure for imposing a hard 50 sentence, as provided in K.S.A. 21-4635, violated the Sixth Amendment to the United States Constitution as interpreted in Alleyne v. But Astorga had multiple opportunities to recognize and alert the court to his alleged acquaintance with E.F., including when E.F. was individually questioned during voir dire, and E.F. identified himself as a pharmacist. Officer Lisa Gaspard, who responded to Rodriguez' residence after his shooting, testified that Moritz told her that she had heard only one gunshot and that a bullet went through Rodriguez and into the wall. “Matthew Astorga is yet another example of the turn-syle justice system that has miserbly failed New Mexico and, regrettably, now Kansas,” he said. “The Defendant is permitted to use deadly force against another person only when and to the extent that it appears to him and he reasonably believes deadly force is necessary to prevent death or great bodily harm to himself from the other person's imminent use of unlawful force. She testified she did not see Astorga fire the gun, but she believed she heard two gunshots. ¶ 1, 283 P.3d 202 (2012). See K.S.A. Watch Matthew Astorga's videos and check out their recent activity on Hudl Astorga argues that in finding his conduct placed others at risk, the district court misapplied K.S.A. “(a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such force is necessary to defend such person or a third person against such other's imminent use of unlawful force. Official Facebook Page for MasterChef Canada Contestant, Matthew Astorga. Matthew Astorga. Astorga also was present in the courtroom throughout the trial, and, on the third day of trial, E.F. individually responded on behalf of the jury to the court's question regarding taking a lunch break. After Rodriguez was shot, Moritz and Fowler applied pressure to Rodriguez' wound until the police arrived. He is 39 years old, 5' 10" tall, weighs 250 lbs and has brown eyes. As Tracey spoke to the dispatch operator, she saw a black truck speed away. Astorga acknowledges he failed to raise the issue below but notes that “an appellate court may decide to consider such an issue when arising on admitted facts and where resolution of the issue will serve the ends of justice.”. Copyright © 2020, Thomson Reuters. 21–3110(9). Google Chrome, And just as the initial aggressor instructions given in Hunt and Beard did not declare the defendant to be the initial aggressor, the forcible felony instruction given in this case did not declare that Astorga was attempting to commit murder when he shot Rodriguez. Astorga also argues the district court abused its discretion by failing to weigh mitigating circumstances proffered by Astorga. Tracey testified she looked out the window and saw a man leaning up against the hood of a white truck parked in the street and looking toward Rodriguez' home. of Kansas Supreme Court opinions. We have briefly summarized the trial testimony below. Stephanie Wharton testified she was in the restroom and did not hear the car alarm or the gunshot. The sentencing court denied Astorga's motion for a new trial and imposed a sentence of life imprisonment with no possibility of parole for 50 years and lifetime postrelease supervision for the murder conviction. We have consistently upheld the constitutionality of the hard 40/hard 50 sentencing scheme in light of both Ring and Apprendi, and we decline Astorga's invitation to reconsider our prior decisions See, e.g., State v. McCaslin, 291 Kan. 697, 729–30, 245 P.3d 1030 (2011) (citing numerous cases);  State v. Conley, 270 Kan. 18, 35–36, 11 P.3d 1147 (2000), cert. Second, the district court found that Astorga's behavior created a “risk” to others. Under these circumstances, we infer from the absence of findings that the district court found no mitigating circumstances existed and that the aggravating circumstances outweighed the nonexistent mitigating circumstances. People Search, Background Checks, Criminal Records, Contact Information, Public Records & More We cannot agree with Astorga's claim on appeal that the forcible felony instruction “effectively nullified” his self-defense instruction. 21–3214(1) for the first time on appeal. Matthew B. Stay up-to-date with FindLaw's newsletter for legal professionals. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Here, Astorga urged the district court to consider two nonstatutory mitigating factors:  (1) evidence of Rodriguez' prior acts of violence toward Astorga, and (2) evidence that Astorga acted in self-defense. We explained the rationale for this rule in Buggs: “If the alleged misconduct is brought to the court's attention a hearing may be held and the situation remedied, if that is possible. Kenneth Nichols, who lived across the street from Rodriguez, testified he was at home watching television in his living room and looking out his front door when he saw a black truck he did not recognize park across the street. 21–4721(c)(1). Internet Explorer 11 is no longer supported. 21–3214(1). We affirm Astorga's convictions and sentence but dismiss his challenge to his aggravated presumptive sentence. Robinson arrested Astorga and recovered a .40 caliber Glock, a plastic gun case, and three magazines of bullets from the floorboard of his truck. 21–3214(1). If not, a mistrial may be declared immediately without wasting the time and expense required to complete the trial. Matthew has been found in 6 states including Texas, New Mexico, Kansas… Where's your phone?’ ” Before her sister had hung up the phone after calling 911, Stephanie ran towards Rodriguez' house, where she could hear Moritz and a child crying. At some point, Moritz saw that Astorga had a gun in his hand. Astorga correctly asserts that appellate courts may consider new issues when:  (1) the newly asserted theory involves only a question of law arising on proved or admitted facts and is determinative of the case;  (2) consideration of the claim is necessary to serve the ends of justice or to prevent the denial of fundamental rights;  or (3) the district court was right for the wrong reason. He was tried by a jury on all three charges, but before the defense rested Astorga pleaded guilty to criminal possession of a firearm and fleeing or attempting to elude a police officer. Astorga contends that under the circumstances of this case, the instruction was legally inappropriate. Summary: Matthew David Astorga was arrested on May 27, 2017. Matthew Halula Obituary. However, like the instructions in Hunt and Beard, the instructions given in this case correctly stated the law. Find Matthew Astorga in the United States. This week, I again had the privilege to meet one of the top 40 finalists, Matthew Astorga of Pitt Meadows, British Columbia. “(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person. For instance, Astorga testified he (1) went to Rodriguez' home to resolve an unpaid debt, (2) took a gun with him for protection, and (3) shot Rodriguez after Rodriguez shot at him first. Here, the district court found two aggravating circumstances. Age: 25 Ethnicity: Filipino Occupation and/or Company: Digital Design Consultant Years of experience: 7 years. Check Reputation Score for Matthew Astorga in Groveland, FL - View Criminal & Court Records | Photos | Address, Email & Phone Number | Personal Review | $40 - … Astorga admitted, however, that he refused to cooperate with the officer's investigation. Matthew Sparks in Kansas. (b) In good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.”   K.S.A. Astorga appeals his murder conviction and sentence. This alleged crime occured in Kansas, and really has no bearing on what is happening in New Mexico. The district court's instructions did not violate Astorga's right to present his theory of defense. Before she could press “send,” she heard a single gunshot. If the court finds that one or more of the aggravating circumstances exist and, further, that mitigating circumstances do not outweigh such aggravating circumstances, the court shall sentence the defendant to the hard 50 sentence. Jose Astorga in Kansas City, KS We found Jose Astorga in Kansas City - select Jose below based on age, prior locations, and family. The rule that issues not raised before the trial court cannot be raised on appeal applies equally to constitutional grounds for reversal asserted for the first time on appeal. 21–4636(a) (aggravating circumstances include previous conviction of a felony in which defendant inflicted great bodily harm, disfigurement, dismemberment, or death on another). Robinson testified that one magazine was empty, the second contained 15 bullets, and the third held 14 bullets. Additionally, Astorga asserts several challenges to his hard 50 sentence, including that the sentencing court erred in (1) finding the existence of several aggravating factors;  (2) failing to properly weigh and consider mitigating circumstances;  and (3) imposing aggravated presumptive sentences without requiring proof of aggravating factors to a jury beyond a reasonable doubt. 39 talking about this. Alternatively, Astorga argues even if the court properly applied K.S.A. 21–3214(2) and (3), respectively. Astorga, 37, is now scheduled to return to court May 6 for a status hearing. Docket Entries. The surprise was that it wasn’t presumptive favourite, master-plater Matthew Astorga. 1594, 182 L.Ed.2d 205 (2012). State v. Livingston, 272 Kan. 853, 858, 35 P.3d 918 (2001). Matthew Astorga appeals his conviction of premeditated first-degree murder, claiming the district court violated his right to present his theory of defense and his right to a trial by an impartial jury. And the State had presented evidence tending to establish that Astorga was attempting to commit murder when he shot Rodriguez. 21–3211(a), (b);  see also State v. Anderson, 287 Kan. 325, 333–34, 197 P.3d 409 (2008) (“affirmative-defense-based instructions can only be given when the evidence is sufficient to justify a rational factfinder finding in accordance with that defense theory” but, “the evidence of the defendant's theory of defense certainly can be supported only by his or her own testimony”). 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