The Kansas Court of Appeals Friday upheld the conviction and sentence for a Hutchinson man convicted of two counts of aggravated battery and sentenced to the maximum allowed under sentencing guidelines.
24-year-old Omar Duran was ordered to prison for 11-years, six months, but because he had been the county jailed for two years, he was ordered to serve 9-and half years in prison.
He was given 69-months for the first count of aggravated battery, 43-months for the second count, and 34-months for aggravated burglary. All of those sentences were ordered to run consecutive, but because of what is called the double rule, the judge could only sentence him to a certain amount of time, in this case twice the 69-months, which comes to a total of 138-months in prison. She then ran the rest of the counts concurrent to the 138-months.
Duran was convicted for the beating of 24-year-old Daniel Rivera, and 26-year-old David Martinez with a baseball bat in the early morning hours of April 25 of 2009. He was also found guilty of threatening a third man, Adan Rivera who managed to get away from him.
Duran was found not guilty of aggravated intimidation of a witness, conspiracy to commit aggravated intimidation of witness, and robbery, but guilty of a lesser charge of misdemeanor theft.
Again, the Kansas Court of Appeals upheld the conviction and sentence Friday.
