State v. Watkins

The Kansas Offender Registration Act’s (KORA) requirements do not constitute punishment for Defendant’s underlying aggravated assault on a law enforcement officer crime.Defendant was convicted of aggravated assault on a law enforcement officer, felony fleeing and eluding, and driving while suspended. The district court found that Defendant used a deadly weapon in the commission of the offenses, and therefore, Defendant was required to register under KORA. Defendant appealed, arguing that the registration requirements could not be imposed based on the judicial factfindings under Apprendi v. New Jersey, 530 U.S. 466 (2000) because the registration requirements constitute an increased penalty for his offenses. Defendant also argued that the district court erred by imposing an increased sentence based on his criminal history, which was not proved to a jury beyond a reasonable doubt. The Supreme Court rejected Defendant’s Apprendi claims as it has done repeatedly in many other cases, holding that Defendant failed to demonstrate that the registration requirements constitute punishment. View "State v. Watkins" on Justia Law