Topeka, Ks. (westernkansasnews.com)
A 2011 Garden City 1st Degree Murder Conviction has been overturned by the Kansas Court of Appeals and remanded back to Finney County District Court where Gustavo Ramos-Belata will more than likely receive a new trial for 2nd degree murder instead of 1st degree murder.
Ramos-Belata is currently serving a 48 year prison sentence at the Kansas Prison in Lansing but will now more than likely receive a new trial because the Kansas Court of Appeals ruled both that the court had failed to inform the jury of the lesser offense of 2nd Degree Murder. Additionally, the appeals court ruled that at the original trail there was sufficient evidence available to substantiate the fact that Ramos-Belata was intoxicated at the time of the crime and therefore incapable of premeditation, a mandatory element for a 1st Degree Murder Conviction.
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