State v. Cash
263 P.3d 786
| Kan. | 2011Background
- Cash confessed to sexual contact with his 8-year-old stepdaughter and pled guilty to three counts of aggravated indecent liberties with a child under 14.
- Sentence: three concurrent life terms with a mandatory minimum 25 years under K.S.A. 21-4643(a)(1)(C).
- Court also imposed lifetime postrelease supervision with no objection from defense.
- Crimes committed in 2009; offenses are off-grid under Kansas law.
- Cash appeals on parole eligibility and lifetime postrelease supervision,” seeking the shorter mandatory minimum and removal of postrelease supervision.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Parole eligibility under conflicting statutes | Cash argues 20-year parole eligibility applies under (b)(2). | State argues (b)(5) controls for 25-year minimum parole. | Parole eligibility overlaps; 25-year minimum controls; no reasonable doubt; Chavez followed. |
| Lifetime postrelease supervision vs parole | Cash argues off-grid life sentence should use parole, not postrelease. | State concedes error; Ballard distinguishes parole vs postrelease. | Lifetime postrelease supervision vacated; Cash shall be subject to parole if ever released. |
Key Cases Cited
- State v. Chavez, 292 Kan. 464 (2011) (parole eligibility must harmonize with specific statutory provisions)
- State v. Ballard, 289 Kan. 1000 (2009) (parole vs postrelease distinction for off-grid sentences)
- State v. Horn, 288 Kan. 690 (2009) (lenity not controlling where statute design intent is clear)
- State v. Warledo, 286 Kan. 927 (2008) (issue preservation when raised on appeal)
- State v. Dukes, 290 Kan. 485 (2010) (exceptions to issue-preclusion for new theories on appeal)