258 P.3d 960
Kan.2011Background
- In Pratt County, November 2008, Alesia Dorris-Graham was murdered during an attempted robbery/burglary by Denmark-Wagner and Riendeau.
- Denmark-Wagner pled guilty to Count 1 felony first-degree murder with underlying aggravated robbery or burglary; Counts 2–4 were dismissed.
- Plea agreement stated mandatory life sentence; Denmark-Wagner was 18, had 12 years of schooling, and affirmed the plea voluntarily.
- During plea hearing, the district judge explained rights and potential penalties; Denmark-Wagner acknowledged understanding and signed the agreement, including a statement about voluntariness.
- Denmark-Wagner moved to withdraw his plea before sentencing, claiming family coercion and misunderstanding of the sentence.
- District court denied the motion; Denmark-Wagner was sentenced to life with a 20-year minimum, lifetime postrelease supervision, and lifetime offender registration; on appeal, issues include withdrawal, sentence understanding, and illegality of postrelease and registration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea withdrawal was properly denied for good cause | Denmark-Wagner argues family coercion constitutes good cause. | State contends no coercion; defendant freely chose to plead. | No abuse of discretion; no good cause shown. |
| Whether the plea was intelligently entered given misunderstanding of sentence | Denmark-Wagner misunderstood life means release after 20 years. | Court explained life means rest-of-life imprisonment; advised consequences. | Plea intelligently entered; misunderstanding did not invalidate it. |
| Whether lifetime postrelease and registration conformed to statute | Lifetime postrelease and registration exceed or misapply statute for off-grid offense. | State concedes error in applying postrelease/registering terms. | Both lifetime postrelease and lifetime registration vacated; remand for resentencing to 10-year registration. |
Key Cases Cited
- Williams v. State, 197 Kan. 708 (1966) (psychological self-coercion not coercion to vitiate plea)
- Wippel v. State, 203 Kan. 207 (1969) (personal considerations do not constitute coercion to invalidate plea)
- Adams, 284 Kan. 109 (2007) (proper inquiry into sentences supports voluntary plea denial of withdrawal)
- Harned, 281 Kan. 1023 (2006) (plea hearing informing sentence supports voluntariness)
- Bartlow, No. 96,933 (2008) (change of mind alone not sufficient for good cause pre-sentence)
- Ballard, 289 Kan. 1000 (2009) (parole vs. postrelease distinction for off-grid crimes)
- Jackson, 291 Kan. 34 (2010) (juvenile adjudications are not convictions for purposes of registration)
- Aguilar, 290 Kan. 506 (2010) (factors for good cause are viable benchmarks but not exclusive)