Andrea Mathew is associated with 2 companies in Kansas City, KS. The State contends the district court appropriately gave both instructions because there was evidence both that Astorga was committing a forcible felony—murder—and that he shot Rodriguez in self-defense. Matthew B. 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.”. Nichols identified Astorga at trial as the man he saw on the night of the shooting. Here, Astorga alleges that juror E.F. failed to advise the court that he knew Astorga and previously had been involved in an altercation with Astorga at the pharmacy where E.F. worked. Further, Officer Robinson testified that 4 days before Rodriguez' shooting, on December 22, 2008, he was called to a local hospital's emergency room to investigate the admission of a stabbing victim. Summary: Matthew David Astorga was arrested on May 27, 2017. She heard a few words and then heard Rodriguez say, “ ‘I don't play like this.’ ” Moritz looked outside and saw Astorga, whom she recognized from prior meetings, standing outside the house. On December 26, 2008, Matthew Astorga drove to the home of Ruben Rodriguez, shot and killed Rodriguez, and drove away. 21–3110(9). Stay up-to-date with FindLaw's newsletter for legal professionals. First, the court found Astorga had a prior second-degree murder conviction. On the other hand, the State presented evidence that on the day of the murder, Astorga purchased a gun and practiced shooting it, went to Rodriguez' home armed with the gun, intentionally set off Rodriguez' truck alarm, and then shot an unarmed Rodriguez when he came to the door in response to the alarm. After Rodriguez was shot, Moritz and Fowler applied pressure to Rodriguez' wound until the police arrived. Watch Matthew Astorga's videos and check out their recent activity on Hudl ¶ 1, 283 P.3d 202 (2012). Astorga appeals his murder conviction and sentence. As Stephanie walked inside the home, she saw Rodriguez lying on the floor and Moritz and Fowler hovering over him trying to render aid. Similarly, we review the district court's weighing of aggravating and mitigating circumstances for an abuse of discretion. 11, the court advised the jury:  “A person is not permitted to use force in defense of himself if he is attempting to commit murder, a forcible felony.”. See Hunt, 257 Kan. at 392, 894 P.2d 178;  Beard, 220 Kan. at 581, 552 P.2d 900. We found 3 entries for Matthew Astorga in United States. Absent an abuse of discretion, we will not disturb a district court's decision regarding the existence of mitigating circumstances. View the profiles of people named Mathew Astorga. Astorga reasons that this forcible felony instruction was “incongruent” with the self-defense instruction and misled the jury, requiring reversal of his murder conviction. The name Matthew Astorga has over 3 birth records, 0 death records, 3 criminal/court records, 9 address records, 0 phone records and more. Bradford testified the bullet hole was consistent with one created by a .40 caliber handgun. K.S.A. See K.S.A. The Pitt Meadows, B.C. “(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.”  K.S.A. Astorga claimed that the officer who responded to the shooting refused to investigate. 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. According to Astorga, when he arrived at Rodriguez' home, he parked his truck in front of Rodriguez' truck, got out of his truck, and put his pistol in his waistband. Moritz stood near Rodriguez as he stood in the doorway. There, Astorga's mother told Robinson that a man named Luis Ayala stabbed her son. | Wichita, Kansas Area | Force Integration Officer at Office Chief Army Reserve | 152 connections | View Matthew's homepage, profile, activity, articles 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. Jose Astorga in Kansas City, KS We found Jose Astorga in Kansas City - select Jose below based on age, prior locations, and family. 21–3214. 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. “It is embarrassing.” Subscribe now! 21–4637 specifies eight potential mitigating circumstances, it does not limit the district court's consideration to those statutory circumstances. 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. This week, I again had the privilege to meet one of the top 40 finalists, Matthew Astorga of Pitt Meadows, British Columbia. Alternatively, Astorga argues the evidence is insufficient to support the existence of that aggravating circumstance. denied 532 U.S. 932, 121 S.Ct. 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. Instead, “ ‘the right ․ is subject to statutory rules and case law interpretations of the rules of evidence and procedure.’ ” 281 Kan. at 1085, 135 P.3d 1211 (quoting State v. Lackey, 280 Kan. 190, 216, 120 P.3d 332 [2005] ). resident has joined the Joseph Richard Group as corporate chef of the hospitality company that operates a chain of pubs across Metro Vancouver. Docket Entries. Matthew has been found in 10 cities including Pratt, Hutchinson, Newton, Cunningham, Preston, and 5 others. Astorga testified he shot Rodriguez in self-defense only after Rodriguez shot at him first. Astorga admitted that he refused to cooperate with law enforcement's investigation of 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. Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Finally, Astorga asserts that first-degree premeditated murder and second-degree murder are identical offenses;  therefore, the identical offense doctrine requires that we vacate his sentence and remand to the district court with directions to resentence him in accordance with the lesser penalty applicable to a severity level one person felony. However, like the instructions in Hunt and Beard, the instructions given in this case correctly stated the law. On December 22, 2008, Astorga went to visit Charlie Fowler, Ryan Fowler's father. SYLLABUS BY THE COURT Kansas' former statutory procedure for imposing a hard 50 sentence, as provided in K.S.A. His brother, Michael Paul Astorga was acquitted. 2877, 186 L.Ed.2d 902 (2013). Astorga also argues the district court abused its discretion by failing to weigh mitigating circumstances proffered by Astorga. 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. 21–3214 provides that the justification of self-defense, as set forth in K.S.A. State v. Saleem, 267 Kan. 100, 113, 977 P.2d 921 (1999);  State v. Buggs, 219 Kan. 203, 207, 547 P.2d 720 (1976). While K.S.A. Astorga claimed that for some time before he shot Rodriguez, Rodriguez had been pressuring Astorga to repay a drug debt. We do, however, encourage district courts when imposing a hard 50 sentence to make findings on the record regarding the existence or nonexistence of mitigating circumstances and the court's weighing of such circumstances. But the right to present a defense is not absolute. A district court may impose a hard 50 sentence upon finding that “one or more” aggravating circumstances exist and that such circumstances are not outweighed by mitigating circumstances. See other cases from Kansas. Further, the State requested that PIK Crim.3d 54.21 and 54.22 be given because the evidence showed that Astorga provoked the attack and failed to retreat or withdraw from the attack, as described in K.S.A. Please accept Echovita’s sincere condolences. We have briefly summarized the trial testimony below. STATE of Kansas, Appellee, v. Matthew ASTORGA, Appellant. We work with academic institutions, corporations, and professional associations to translate learning outcomes into digital credentials that are immediately validated, managed, and shared. Robinson testified that one magazine was empty, the second contained 15 bullets, and the third held 14 bullets. 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. Further, Astorga testified that he believed Rodriguez participated in a drive-by shooting of Astorga's home in the early morning hours of December 26, 2008—the day he shot Rodriguez. See also K.S.A. Astorga then got back in his truck and drove off at a high rate of speed. But in some cases the justification of self-defense is unavailable. VI;  Kan. Const. Astorga was convicted in 2009 of first-degree murder. State v. Leshay, 289 Kan. 546, 553, 213 P.3d 1071 (2009). State v. Livingston, 272 Kan. 853, 858, 35 P.3d 918 (2001). Matthew Astorga. Please try again. Moritz' 2–year–old child and Ryan Fowler were also present in the home. 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. See State v. Coleman, 271 Kan. 733, 742, 26 P.3d 613 (2001) (inferring that the district court found aggravating circumstances outweighed mitigating circumstances when the district court made no comments regarding mitigating circumstances or whether the court weighed aggravating and mitigating circumstances);  State v. Higgenbotham, 264 Kan. 593, 612, 957 P.2d 416 (1998) (inferring the absence of any mitigating circumstances when the district court failed to make any findings on the record regarding mitigating circumstances). Kansas authorities have charged the brother of accused cop-killer Michael Paul Astorga in connection with a fatal shooting. The jury found Astorga guilty of first-degree premeditated murder. 286 Kan. at 851–52, 190 P.3d 207. of Kansas Supreme Court opinions. He admitted shooting Rodriguez, but his version of the shooting and the events preceding it differed materially from that of other witnesses. 2008 Supp. He is 39 years old, 5' 10" tall, weighs 250 lbs and has brown eyes. 21–3214(1) for the first time on appeal. 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. 21–3214(1). 21–3110(9). Astorga ultimately pleaded guilty to criminal possession of a firearm and fleeing or attempting to elude a police officer, and he was convicted by a jury of first-degree premeditated murder. People Search, Background Checks, Criminal Records, Contact Information, Public Records & More Patrick Mahomes and his fiancee Brittany Matthews are expecting their first child together, a baby girl.Prior to her due date, the certified personal trainer took time to celebrate with a baby shower.She and some select friends hopped on a private plane and headed south. 21–3211. Next, Astorga argues that in denying his motion for new trial based on juror misconduct, the district court violated his constitutional right to be tried by an impartial jury. These facts support giving the self-defense instruction. See State v. Hunt, 257 Kan. 388, 391–94, 894 P.2d 178 (1995) (affirming trial court's decision to give self-defense and initial aggressor instructions;  reasoning that instructions correctly stated the law, question of whether defendant was initial aggressor was for jury and, if jury found defendant was not initial aggressor, jury could “disregard the limit on the defendant's right to use self-defense”);  State v. Beard, 220 Kan. 580, 581–82, 552 P.2d 900 (1976) (affirming trial court's decision to give self-defense and initial aggressor instructions;  reasoning instructions were correct statements of the law, instructions did not declare defendant to be initial aggressor but instead informed jury of the law related to limits on asserting self-defense, and evidence supported a potential finding that defendant was initial aggressor). 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. 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. 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. The district court did not err in imposing a hard 50 sentence. 21–4635(d). However, the sentencing court clearly was aware of both circumstances as Astorga presented evidence of both circumstances at trial before the same judge and argued the circumstances as mitigating circumstances at sentencing. It appeared the bullet traveled through the living room wall, into a bedroom, and out the bedroom window into the back yard. 60–404;  State v. Estes, 216 Kan. 382, 532 P.2d 1283 [1975] ) and the requirement of an objection to erroneous instructions (K.S.A. Under Kansas law. There are 2 individuals that go by the name of Andrea Mathew in Kansas. 21–4636(b) or whether the evidence was insufficient to support the second aggravating circumstance. Rather, it appears the district court appropriately gave both instructions under the evidence presented in this case. 21–4636(b) in finding the existence of an aggravating circumstance alleged by the State. This was the spread I came home to a few weeks ago. 1594, 182 L.Ed.2d 205 (2012). 286 Kan. at 851, 190 P.3d 207. Astorga admitted, however, that he refused to cooperate with the officer's investigation. 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. K.S.A. According to Astorga, Rodriguez confronted Astorga about the debt, and Rodriguez and Luis kicked and stabbed Astorga. Here, Astorga's sole theory at trial was that his use of force was justified as self-defense. We have 5 records for Matthew Astorga ranging in age from 20 years old to 41 years old. Amend. Astorga testified in his own defense at trial. Last week, I featured one of the lucky home cooks who made it to the top 40. After the first shot, she begged Astorga not to shoot because her baby was inside. Here is Matthew Halula’s obituary. Astorga was arrested after a brief police pursuit. Matthew Halula Obituary. Rodriguez' girlfriend, Keira Moritz, testified that just before Rodriguez was shot, he was standing in the kitchen of his home and talking on the phone. 21–4636 and any mitigating circumstances. “(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. State v. Lopez, 271 Kan. 119, 140, 22 P.3d 1040 (2001). KOAT TV’s Action 7 News anchor Doug Fernandez started promoting a jailhouse interview he did with Matthew Astorga, who had been convicted of the murder of Maldonado-Sigala. When a party or a party's counsel is aware of alleged juror misconduct before the jury renders its verdict and fails to object, the party cannot later assert the alleged misconduct as grounds for a new trial. 21–3214(1) and defined in K.S.A. Google Chrome, 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. We recommend using Age: 25 Ethnicity: Filipino Occupation and/or Company: Digital Design Consultant Years of experience: 7 years. The hard 50 sentencing scheme is constitutional. 21–4636(b), the evidence was insufficient to support the court's finding that by shooting Rodriguez, he knowingly or purposely created a great risk of death to others. Because at least one aggravating circumstance enumerated in K.S.A. “When use of force is permitted as self-defense, there is no requirement to retreat.”, In Instruction No. Further, the court imposed consecutive aggravated presumptive prison sentences for the remaining convictions and ordered that those sentences be served consecutive to the hard 50 sentence. 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. Astorga, 37, is now scheduled to return to court May 6 for a status hearing. Patient Rating. A judge initially sentenced Astorga to a Hard 50 sentence for the murder conviction. Stephanie and Fowler went outside to flag down police. 21–3211, “(1) Is attempting to commit, committing, or escaping from the commission of a forcible felony;  or, “(2) Initially provokes the use of any force against himself or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant;  or. K.S.A. Next, Astorga claims the language of K.S.A. 21–3214(1) is vague and, therefore, unconstitutional. Ultimately, the district court advised the jury in Instruction No. Rodriguez and a man Astorga identified as “Luis” were present at Charlie's apartment. 21–3214(2) and (3). We lack jurisdiction to review Astorga's aggravated presumptive sentences. Internet Explorer 11 is no longer supported. 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. denied ––– U.S. ––––, 132 S.Ct. The rule is a corollary of the contemporaneous objection rule as to evidence (K.S.A. Begin typing to search, use arrow keys to navigate, use enter to select. If a defendant is convicted of first-degree premeditated murder for a crime committed on and after July 1, 1999, the sentencing court “shall determine whether the defendant shall be required to serve a mandatory term of imprisonment of ․ 50 years or sentenced as otherwise provided by law.”   K.S.A. Check Reputation Score for Matthew Astorga in Groveland, FL - View Criminal & Court Records | Photos | Address, Email & Phone Number | Personal Review | $40 - … After a jury trial, Defendant was convicted of first-degree premeditated murder and sentenced to life imprisonment with no possibility for parole for fifty years. 21–3110(9). Specifically, Astorga argues the language is insufficient to warn individuals of common intelligence that the justification of self-defense is not available to a person who uses deadly force when committing, attempting to commit, or escaping from the commission of a forcible felony. But Astorga argued it was “incongruent” to give both instructions because the court had already determined he was entitled to a self-defense instruction and the forcible felony instruction applies when self-defense is not available. Astorga acknowledges his position is contrary to State v. Johnson, 286 Kan. 824, 848–52, 190 P.3d 207 (2008), but he nevertheless raises the issue to preserve it for federal review. 21–3401(a) and K.S.A. 21–4635(c). 21–4636(b), which permits the court to find an aggravating circumstance when the defendant “knowingly or purposely killed or created a great risk of death to more than one person.”. The man then pulled out a gun and walked toward Rodriguez' home. MANDATE ISSUED. Lopez, 271 Kan. at 141–42, 22 P.3d 1040;  see Ward, 292 Kan. at 550, 256 P.3d 801 (stating abuse of discretion standard of review). 60–251[b];  Apperson v. Security State Bank, 215 Kan. 724, 528 P.2d 1211 [1974] ). 21-4635, violated the Sixth Amendment to the United States Constitution as interpreted in Alleyne v. To make such a determination, the court may be presented evidence concerning any matter relevant to the question of sentence, including matters relating to any of the aggravating circumstances enumerated in K.S.A. Matthew has been found in 6 states including Texas, New Mexico, Kansas… We cannot agree with Astorga's claim on appeal that the forcible felony instruction “effectively nullified” his self-defense instruction. “(3) Otherwise initially provokes the use of any force against himself or another, unless: (a) He has reasonable ground to believe that he is in imminent danger of death or great bodily harm, and he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant;  or. 2428, 153 L.Ed.2d 556 (2002), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. K.S.A. 21–4704(e)(1) is constitutional under Apprendi. Essentia Health works with a professional research company to randomly survey patients and gather feedback about their experience. Mathew A. Johnson is currently an Associate Professor of Mathematics in the Department of Mathematics at the University of Kansas. Astorga ultimately pleaded guilty to criminal possession of a firearm and fleeing or attempting to elude a police officer, and he was convicted by a jury of first-degree premeditated murder. 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. Finally, Astorga challenges the constitutionality of the hard 50 sentencing scheme and claims he is entitled to resentencing under the identical offense doctrine. Detective Bruce Bradford testified that he located a bullet hole on the north wall of Rodriguez' living room. 103,083 STATE OF KANSAS, Appellee, v. MATTHEW ASTORGA, Appellant. See K.S.A. Robinson arrested Astorga and recovered a .40 caliber Glock, a plastic gun case, and three magazines of bullets from the floorboard of his truck. Matthew Astorga didn’t make it to the top in the last season of the MasterChef Canada contest that concluded in June 2016. Here, the district court found two aggravating circumstances. 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. It is sometimes seasoned with nori, or dashi powder. Accordingly, Astorga is not entitled to resentencing under the identical offense doctrine. Second, the district court found that Astorga's behavior created a “risk” to others. On December 26, 2008, Matthew Astorga drove to the home of Ruben Rodriguez, shot and killed Rodriguez, and drove away. Astorga contends that under the circumstances of this case, the instruction was legally inappropriate. 21–4635(b). 10, which mirrored PIK Crim.3d 54.17, as follows: “The Defendant claims his use of force was permitted as self-defense. Since Astorga clearly preserved this issue with an objection to the giving of the “use of force” instruction, we must consider whether that instruction was legally appropriate. Required to complete the trial presumptive sentences 21–4636 ( b ) or whether the evidence is insufficient to support second! Robinson testified that “ a short stocky guy ” got out of the shooting down police,. University of Kansas, and ( 3 ), and fleeing or attempting to a... Astorga is not absolute 3 ), respectively living room, that he to... Requested a self-defense instruction corporate chef of the hard 50 sentencing scheme and he... 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