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Kansas High Court affirms premeditated murder conviction

(AP Newsroom)
Published: Feb. 20, 2021 at 3:51 PM CST
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TOPEKA, Kan. (WIBW) - The Kansas Supreme Court has affirmed a premeditated first-degree murder conviction from Ford County for a fatal shooting outside of a Dodge City nightclub.

The Kansas Supreme Court says in Appeal No. 121,378: State of Kansas v. Julio Romero Fraire a Ford Co. jury convicted Fraire of premeditated first-degree murder and criminal possession of a weapon by a convicted felon in a deadly shooting outside of a nightclub in Dodge City.

According to the Court, Fraire was sentenced to life in prison without parole for 50 years for the murder conviction and another 21 months for the firearm conviction. It said he was also sentenced to lifetime postrelease supervision.

The Court said in a unanimous opinion written by Justice Eric Rosen, it affirmed the convictions and found no reversible trial errors. It said it found no sign of prejudice and no error when the trial court denied Fraire’s motion for a new trial based on the fact that a witness and the defendant wore similar clothes on different days of the trial.

The Court also said that it held the prosecutor did not make an error by telling the jury the State’s case was good and was enough to support a conviction. It said it elected not to address a challenge to the way the trial court responded to a question from the jury, saying that Fraire did not preserve the issue for an appeal.

Finally, the Court said it rejected Fraire’s claim that the order that options were placed on the verdict form wrongly influenced the jury’s conviction. It said it vacated the postrelease supervision part of the sentence as inconsistent with other conditions of release.

For more opinions and decisions of the Kansas Supreme Court, click here.

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