midpage
349 P.3d 476
Kan. Ct. App.
2015
Read the full case

Background

  • Freddie Hooks, Sr. was serving an indeterminate pre-1993 sentence (7½ years to life, aggregated to 8½ years to life) and had parole revoked on May 12, 2010.
  • While in custody after parole revocation he was charged in Sedgwick County with possession of cocaine (10-CR-1650) and later sentenced to 20 months on December 16, 2010; the journal entry noted 208 days of jail credit.
  • KDOC computed Hooks’ July 31, 2012 parole date on his indeterminate sentence and applied 208 days of credit in that computation; KDOC refused to apply those 208 days to the 20-month sentence.
  • Hooks filed a K.S.A. 60-1501 petition arguing he was entitled to the 208 days credit against the 20-month sentence; the district court denied relief, finding KDOC correctly computed the sentence.
  • On appeal, the parties agreed the material facts were not disputed (though key documents were absent from the record); the question was whether the 208 days properly credited belonged to the 20‑month sentence or to the indeterminate sentence.

Issues

Issue Plaintiff's Argument (Hooks) Defendant's Argument (State/KDOC) Held
Whether Hooks is entitled to 208 days jail credit on the 20‑month sentence The sentencing journal entry granted 208 days credit and it should apply to the 20‑month sentence KDOC already applied the 208 days to the indeterminate parole‑revocation term; credit cannot be applied to the 20‑month sentence because the time was served on the unrelated indeterminate sentence Court held Hooks is not entitled to apply the 208 days to the 20‑month sentence; KDOC properly credited the indeterminate sentence
Whether the district court should have dismissed for failure to exhaust administrative remedies Hooks did not concede failure; raised merits instead State argued Hooks failed to prove exhaustion, so dismissal required Issue not preserved on appeal because State failed to object to inadequate findings below; appellate court did not reach exhaustion question

Key Cases Cited

  • State v. Denney, 278 Kan. 643 (defendant not entitled to credit for time spent serving sentence on an unrelated case)
  • Rice v. State, 278 Kan. 309 (standard of review for K.S.A. 60-1501 petitions)
  • Fischer v. State, 296 Kan. 808 (objection required to preserve claim of inadequate findings)
  • State v. Eddy, 299 Kan. 29 (statutory interpretation reviewed de novo)
  • McGann v. McKune, 21 Kan. App. 2d 798 (parolee returned to serve remainder of original sentence upon revocation)
  • McKinney v. State, 27 Kan. App. 2d 803 (KDOC responsible for computing release dates)
Read the full case

Case Details

Case Name: Hooks v. State
Court Name: Court of Appeals of Kansas
Date Published: May 1, 2015
Citations: 349 P.3d 476; 51 Kan. App. 2d 527; 2015 Kan. App. LEXIS 32; 112013
Docket Number: 112013
Court Abbreviation: Kan. Ct. App.
Log In