The Kansas Court of Appeals has issued a mixed ruling in an aggravated battery case originating in Lyon County.
The case began after Shawn Ochoa allegedly choked a woman two years ago after an argument and was convicted of aggravated battery. Ochoa appealed on several grounds, asserting prosecutorial errors, court errors, sentencing errors and cumulative error.
The Court of Appeals sided with district court when it came to Ochoa’s assertion the lower court was wrong not to give him self-defense immunity, and it also did not find any prosecutorial errors or any court errors in the list of charges against Ochoa in the case. However, it did find fault with an upward sentencing departure based on what the lower court said was vulnerability of the victim’s family.
The case will now return to Lyon County District Court for resentencing. Dates have not been set.
