State v. Kinder

The Supreme Court reversed the judgment of the district court sentencing Defendant to nine months’ imprisonment, awarding him credit for his nearly twelve months of pretrial confinement, and imposing eighteen months’ probation. The court of appeals did not address whether sentencing Defendant to probation was in error and in violation of his double jeopardy rights, ruling that his sentence was a presumptive one under the Kansas Sentencing Guidelines Act and thus beyond judicial review. The Supreme Court reversed the lower courts, holding (1) Defendant was not challenging a presumptive sentence, so review was appropriate; and (2) because Defendant’s sentence of confinement had already been served, probation was improper. View "State v. Kinder" on Justia Law