State v. Hyche, 265 P.3d 1172

Hyche pled guilty to aggravated indecent liberties with a child under Jessica’s Law and received a hard 25 sentence (life with a mandatory minimum of 25 years).
Hyche seeks parole eligibility after 20 years under K.S.A. 22-3717(b)(2) or (b)(5).
The district court also imposed lifetime electronic monitoring, which the court later vacated as unauthorized.
The victim was Hyche’s step-granddaughter, a 7-year-old, and the criminal act occurred in Hyche’s home.
Hyche moved for a downward departure under K.S.A. 21-4643(d); the court denied the motion, and Hyche appealed.
The court affirmed most of the sentence but vacated the electronic monitoring component.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Parole eligibility under KSGA for hard-25 life sentence	Hyche: eligible for 20-year parole under 22-3717(b)(2)/(b)(5).	Hyche: rule of lenity warrants 20-year term.	Hyche not eligible for parole before 25 years.
Validity of lifetime electronic monitoring	Monitoring was imposed as part of the sentence.	Jolly prohibits lifetime electronic monitoring; not properly imposed.	Vacate lifetime electronic monitoring portion.
Downward departure from hard 25 sentence	Multiple mitigators justify a departure.	Court properly weighed aggravators and mitigators; no abuse of discretion.	No abuse; downward departure denied.

State v. Cash, 293 Kan. 326 (2011) (hard-25 parole rule for off-grid life sentences)
State v. Chavez, 292 Kan. 464 (2011) (parole and departures under Jessica’s Law)
State v. Pace, 292 Kan. 937 (2011) (parole eligibility and sentencing guidance)
State v. Mendoza, 292 Kan. 933 (2011) (departure considerations under K.S.A. 21-4643(d))
State v. Jolly, 291 Kan. 842 (2011) (lifetime electronic monitoring deemed improper)