State v. Baptist
280 P.3d 210
| Kan. | 2012Background
- Baptist pleaded no contest to rape of a child under 14.
- District court imposed a hard 25 life sentence under Jessica’s Law, with no parole for 25 years.
- Sentence also included lifetime post-release supervision.
- Baptist appealed, challenging (1) parole eligibility, (2) post-release supervision, and (3) departure denial.
- Court reviews sentencing under K.S.A. 21-4643 and K.S.A. 2008 Supp. 22-3717; jurisdiction noted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether hard 25 life vs hard 20 life was proper | Baptist seeks 20-year parole eligibility under subsidiaries. | Court must apply Jessica’s Law 25-year minimum; 20-year option not applicable. | Hard 25 life sentence affirmed. |
| Whether lifetime postrelease supervision vs lifetime parole was proper | Argues for lifetime parole instead of post-release supervision. | Under off-grid life, parole is required; post-release supervision not appropriate. | Lifetime post-release supervision vacated; parole governs. |
| Whether the district court abused its discretion in denying departure | Lack of prior criminal history supports departure to a lesser sentence. | Weighing of mitigating vs. aggravating factors supported denial. | No abuse of discretion; departure denied; remand for resentencing consistent with vacatur of post-release supervision. |
Key Cases Cited
- State v. Cash, 293 Kan. 326 (2011) (parole eligibility vs mandatory minimum under Jessica’s Law)
- State v. Chavez, 292 Kan. 464 (2011) (specific vs general parole provisions; rule of lenity considerations)
- State v. Summers, 293 Kan. 819 (2012) (off-grid indeterminate life sentence and parole authority)
- State v. Harsh, 293 Kan. 585 (2011) (parole is distinct from sentence; departure context)
- State v. Plotner, 290 Kan. 774 (2010) (departure factors and weighing mitigating versus aggravating factors)
- State v. Spencer, 291 Kan. 796 (2011) (departure framework and substantial/compelling standard)
- State v. Mendoza, 292 Kan. 933 (2011) (district court need not articulate factors in departure denial unless departure warranted)