State v. Jolly
301 Kan. 313
| Kan. | 2015Background
- Jolly pleaded guilty to rape of a child under 14; Jessica's Law mandated 25 years if not departed.
- The district court initially departed to 300 months with lifetime postrelease supervision.
- State appealed; this court remanded for correct statutory compliance in sentencing.
- At resentencing, district court again departed, citing lack of criminal history, taking responsibility, and Dr. Barnett's report.
- Court of Appeals reversed; majority criticized reliance on Barnett and weighing factors; dissents disagreed.
- This court granted review to resolve whether aggravating factors can be weighed against mitigating ones in Jessica's Law departures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can aggravating factors be weighed against mitigating factors in a Jessica's Law departure? | Jolly | State | Disapproved; no weighing of aggravators against mitigators allowed. |
| What is the proper method to assess substantial and compelling reasons for departure? | Jolly | State | Mitigating review first, then determine if reasons are substantial and compelling. |
| Is lack of criminal history alone a substantial and compelling reason? | Jolly | State | Lack of history can contribute but must be part of substantial and compelling reasons. |
| Does Dr. Barnett's report, despite inaccuracies, support departure? | Jolly | State | Yes, substantial competent evidence supports reliance on Barnett's report. |
| What standard governs appellate review of the district court's departure decision? | Jolly | State | Abuse of discretion standard; limits reweighing of evidence by appellate court. |
Key Cases Cited
- State v. Holt, 298 Kan. 469 (2013) (statutory interpretation of 21-4643(d))
- State v. Spencer, 291 Kan. 796 (2011) (distinguishes Jessica's Law departure from balancing factors)
- State v. Seward, 289 Kan. 715 (2009) (definition of substantial and compelling reasons; weighing factors not required)
- State v. Florentin, 297 Kan. 594 (2013) (collective mitigating circumstances may support departure)
- State v. Remmert, 298 Kan. 621 (2014) (aggravating factors not weighed against mitigators in Jessica's Law departures)
- State v. Salinas, 294 Kan. 743 (2012) (context of weighing mitigating vs aggravating factors)