State v. Jolly
291 Kan. 842
| Kan. | 2011Background
- Jolly pled guilty to rape, an off-grid Jessica's Law offense, with a mandatory minimum 25 years.
- The district court sentenced Jolly to 300 months with lifetime postrelease supervision and lifetime electronic monitoring.
- Jolly sought departure from Jessica's Law pursuant to K.S.A. 21-4643(d).
- The court stated reasons for departure but did not clearly follow guidelines departure procedures.
- This Court vacates the sentence and remands for resentencing; also rejects electronic monitoring as a sentencing condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 300-month sentence complied with statutory procedure | Jolly argues improper dual departures; upward durational departure improper. | State contends remand for further findings due to ambiguity. | Sentence illegal; remand for proper resentencing. |
| Whether lifetime electronic monitoring was authorized at sentencing | Electronic monitoring imposed under 22-3717(u) not applicable to sentencing. | Monitors were a permissible parole condition post-sentencing. | Electronic monitoring improper; remanded for resentencing. |
Key Cases Cited
- State v. Ballard, 289 Kan. 1000 (2009) (established framework for departures from guidelines after shifting to guidelines)
- State v. Gracey, 288 Kan. 252 (2009) (departure to guidelines requires substantial and compelling reasons)
- State v. Kunellis, 276 Kan. 461 (2003) (parole-based electronic monitoring requires statutory authorization)