We have a brand new updated website! Click here to check it out!

Omar Duran Conviction And Sentence in Agg. Battery Case Upheld By Court Of Appeals

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.

Copyright Eagle Radio | FCC Public Files | EEO Public File