Appeal from Riley District Court; JOHN F. BOSCH, judge.
1. Generally, it is within the trial court's sound discretion to determine whether a sentence should run consecutive to, or concurrent with, another sentence.
2. Judicial discretion is abused if judicial action (1) is arbitrary, fanciful, or unreasonable, i.e., if no reasonable person would have taken the view adopted by the trial court; (2) is based on an error of law, i.e., if the discretion is guided by an erroneous legal conclusion; or (3) is based on an error of fact, i.e., if substantial competent evidence does not support a factual finding on which a prerequisite conclusion of law or the exercise of discretion is based.
Michelle A. Davis, of Kansas Appellate Defender Office, was on the brief for appellant.
Barry R. Wilkerson, county attorney, and Derek Schmidt, attorney general, were on the brief for appellee.
Matthew Wilson pled no contest to one count of first-degree premeditated murder, two counts of attempted first-degree premeditated murder, and two counts of aggravated battery in connection with a Manhattan shooting. The judge ordered Wilson to serve a hard 25 life sentence for the murder and an additional 310 months for the remaining crimes to run consecutive to his life sentence. He also imposed a period of lifetime parole.
Wilson contends the judge abused his discretion in ordering his sentences to run consecutively instead of concurrently. Because there was no abuse of discretion, we affirm.
Dustin Ferguson and Joel Solano lived in an apartment directly across the hall from Wilson. Sometime around 2 a.m. on April 7, 2013, Ferguson returned to the apartment with Michael Lowery, [301 Kan. 404] Alexya Mailea, and Christine Kim after a night out in Aggieville. Around 4 a.m., Ferguson and his three guests opened the door to leave. They were met in the hallway by Wilson who immediately started shooting at them with a handgun.
Ferguson, Mailea, and Kim were struck by bullets, and Ferguson pulled Mailea and Lowery back into the apartment while Kim fled down a flight of stairs. Wilson followed Kim and told her he was not going to kill her and that he was only " there for the guys." Wilson then returned to the ...