Delgado Gonzalez appeal to be heard in Hutchinson Tuesday

By Chris Swick
November 13, 2015
Thomas Malone/courtesy photo

A McPherson County District Court criminal case will go before the Kansas Court of Appeals next week.

The court announced Thursday that the State of Kansas vs. Carlos Delgado Gonzales will be heard in Hutchinson as part of a full day of oral arguments before a three-judge panel on Tuesday.

That panel will be made up of Judges Thomas E. Malone, Stephen D. Hill and Melissa Taylor. They will hear seven criminal and civil cases and also decide 16 cases based on the parties' written submissions.

This is nothing new for Malone, the presiding judge of the panel.

“Almost every month of the year, panels of Court of Appeals judges will hear cases in Wichita, Topeka and Kansas City,” Malone said. “We welcome the opportunity to visit other places like Hutchinson, to make our court accessible to more Kansans.”

Gonzalez was convicted in June 2014 on charges of vehicular burglary, criminal damage to property and battery against a law enforcement officer. He was arrested for vehicular burglary and, when he was in the process of being patted down by officers after being transported to McPherson County Jail, Gonzalez threw his head back, hitting an officer in the right temple. Gonzalez was drunk at the time.

The appeal by Gonzalez's lawyers will focus on whether there was sufficient evidence to support the battery a law enforcement officer conviction, whether the district court erred by failing to instruct the jury on a lesser-included offense of batter and whether the court erred by classifying an Arizona adjudication Gonzalez has on his record as a person felony.

The case is slated to be heard Tuesday morning at 9 a.m. at the Reno County Courthouse.