State v. Jones
268 P.3d 491
| Kan. | 2012Background
- Jones pleaded no contest to aggravated indecent liberties with a 6-year-old, a Jessica's Law offense.
- Statute 21-4643(a)(1),(d) prescribed life with 25-year minimum; departure possible for first-time offender with substantial mitigating factors.
- At sentencing, the State agreed to 120 months; Jones pressed for departure to a Guideline range under KSGA.
- The court postponed ruling, then on November 10, 2009, imposed 120 months, but did not set out steps showing departure to KSGA first nor discuss KSGA grid box.
- Jones challenged the sentence as illegal; the State argued plea agreement barred review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Jones' 120-month sentence illegal for failing to depart to the KSGA first? | Jones. | Jones. | Yes; sentence illegal, vacated and remanded. |
| Can an illegal sentence be reviewed despite a plea agreement? | Jones can challenge illegality notwithstanding the plea. | Agreement bars review under 21-4721(c)(2). | Yes; illegal sentence review allowed; remanded. |
| Is the postrelease supervision issue moot after vacating the sentence? | Findings were inadequate under Rule 165 and Freeman factors. | Court's findings were adequate; no mootness issue. | Moot; remand only for reissue of postrelease findings if renewed. |
Key Cases Cited
- State v. Gracey, 288 Kan. 252 (2009) (departure to guidelines permitted when substantial reasons exist)
- State v. Spencer, 291 Kan. 796 (2011) (mandates addressing KSGA grid box before further departures)
- State v. Jolly, 291 Kan. 842 (2011) (two-step departure must follow proper procedural steps; illegal sentence vacated)
- State v. Ballard, 289 Kan. 1000 (2009) (supports framework for illegal sentence remedy)
- Ortega-Cadelan, 287 Kan. 157 (2008) (recognizes multiple components of departure analysis)
- State v. Duncan, 291 Kan. 467 (2010) (limits on plea-agreement review when sentence is illegal)