State v. Clapp

The Supreme Court reversed the decision of the court of appeals affirming the district court’s revocation of Defendant’s probation and order to serve his underlying prison sentence, holding that the district court failed to follow the applicable statutory provisions governing probation revocation.On appeal, Defendant argued that the district court erred in applying the intermediate sanctions to his second probation violation and that the court of appeals erred in determining that the district court had made the particularized findings required to permit it to bypass intermediate sanctions under Kan. Stat. Ann. 22-3716. The Supreme Court agreed, holding that the record reflected a failure to set forth the reasons an intermediate sanction would have been a public safety issue or contrary to Defendant’s welfare. The Court remanded the matter for a new dispositional hearing to comply with section 22-3716. View "State v. Clapp" on Justia Law