State v. Alonzo
296 Kan. 1052
Kan.2013Background
- Alonzo pleaded guilty in 2005 to attempted possession of methamphetamine (drug severity level 4).
- District court sentenced 7 months’ imprisonment and 18 months’ probation with mandatory drug treatment, but made no findings extending probation from 12 to 18 months.
- Original sentence included a 12-month presumptive probation term; no appeal was taken.
- In 2007, probation was revoked and reinstated for 18 months after violations.
- In 2008, a second probation-violation motion led to resentencing on Nov. 20, 2008, with findings extending probation to 18 months under K.S.A. 21-4611(c)(5).
- Alonzo appealed contending the district court lacked jurisdiction to resentence since the legal term of probation had expired and he had not appealed the original sentence; the Court of Appeals rejected this, and the supreme court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court have jurisdiction to resentence under Holt? | Alonzo: jurisdiction ended July 14, 2006; no appeal allows remand. | State: Holt permits correction of illegal sentence by resentence when proper findings exist. | No; the district court lacked jurisdiction to resentence after the legal term expired. |
| May an illegal sentence be corrected at any time? | Alonzo argues waiver via failure to appeal. | State: illegal sentence corrected under K.S.A. 22-3504; not waivable by waiver. | Yes; illegal sentence may be corrected at any time. |
| If the corrected sentence is imposed after the presumptive period expired, is it valid? | Alonzo contends once 12-month term expired, jurisdiction ended. | State: remand/remedy possible if proper findings; Holt distinguishable. | The corrected sentence must be within the valid period; vacate when issued post-expiration. |
Key Cases Cited
- State v. Holt, 39 Kan. App. 2d 741 (Kan. App. 2007) (remand for resentence with proper findings when illegal sentence found)
- State v. Cisneros, 36 Kan. App. 2d 901 (Kan. App. 2006) (jurisdiction to modify probation ends with original term)
- State v. Farmer, 16 Kan. App. 2d 419 (Kan. App. 1992) (jurisdiction over probation ends with termination of probation)
- State v. Valladarez, 288 Kan. 671 (Kan. 2009) (statutory limits on district court subject matter jurisdiction)
- State v. Berreth, 294 Kan. 98 (Kan. 2012) (illegal sentence may be corrected; limits on reconsideration)