State v. Henderson
127047
| Kan. Ct. App. | Jun 13, 2025Background
- Henderson pleaded guilty to possession of methamphetamine and was sentenced in April 2021 to 34 months in prison, with 12 months' probation, as part of a plea agreement.
- After serving time in McPherson County jail, Henderson failed to report to his assigned probation officer.
- A warrant for Henderson’s arrest for probation violation was issued in July 2021, well within the probation period.
- In August 2023, Henderson was arrested on the warrant and stipulated (agreed) to the violation, negotiating a reduced 17-month prison sentence.
- Henderson later filed a motion to vacate the revocation, invoking K.S.A. 22-3716(d), and separately appealed the revocation decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of probation revocation | Henderson: Probation expired before revocation authority exercised. | State: Warrant issued within probation period preserves authority. | Court: Warrant filed within period; revocation proper. |
| Application of K.S.A. 22-3716(d) | Henderson: District court was required to consider/apply subsection (d). | State: Statute gives court discretion, not an obligation. | Court: No obligation to apply; not jurisdictional. |
| Due process claim for delay in arrest | Henderson: Delay in executing warrant violated due process. | State: Delay not unreasonable; claim waived by defense at hearing. | Court: Claim waived/forfeited by Henderson’s counsel. |
| Jurisdiction after revocation | Henderson: Court should have ruled on his post-revocation motion. | State: Court lost jurisdiction after revocation and sentence imposed. | Court: Court lost jurisdiction per precedent. |
Key Cases Cited
- State v. Hall, 287 Kan. 139 (Kan. 2008) (due process requires timely execution of probation violation warrants)
- State v. Haines, 30 Kan. App. 2d 110 (Kan. Ct. App. 2002) (16-year delay in executing probation warrant violated due process)
- State v. Miller, 260 Kan. 892 (Kan. 1996) (court loses jurisdiction after probation revocation and sentence imposed)
- State v. Darkis, 314 Kan. 809 (Kan. 2022) (probation can be revoked after probation ends, if warrant filed within probation or 30 days after)