375 P.3d 1013
Kan. Ct. App.2016Background
- Todd Lloyd pled no contest to aggravated battery and misdemeanor theft and received 24 months probation with a 32-month underlying prison sentence after a downward dispositional departure.
- Lloyd admitted to multiple probation violations in 2013, received two 60-day jail sanctions, and had his probation extended twice.
- In April 2014 Lloyd was arrested in a standoff and charged with kidnapping; a preliminary hearing on that charge resulted in a bind-over for trial.
- The State moved to revoke Lloyd’s probation alleging he was bound over on the kidnapping charge; Lloyd stipulated only that he had been bound over/arraigned, not that he violated probation or that he was guilty of kidnapping.
- The district court revoked probation and imposed the 32-month underlying sentence based solely on the bind-over (probable cause finding) in the new criminal case. Lloyd appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a probable-cause bind-over in a new criminal case suffices to revoke probation | Lloyd: revocation requires proof of violation by a preponderance of the evidence; a probable-cause bind-over is a lower standard and insufficient | State: bind-over demonstrates the conduct and justifies revocation (district court relied on it) | Court: revocation based solely on a preliminary-hearing probable-cause bind-over was error; State must prove probation violation by a preponderance of the evidence |
Key Cases Cited
- State v. Gumfory, 281 Kan. 1168 (2006) (probation violation must be established by a preponderance of the evidence)
- State v. Puckett, 240 Kan. 393 (1986) (probable cause at a preliminary hearing defined)
- State v. Ultreras, 296 Kan. 828 (2013) (probable cause is the required standard for certain preliminary determinations; courts may not impose a higher standard)
- State v. Waller, 299 Kan. 707 (2014) (standard for reviewing abuse of discretion)
- State v. Garcia, 31 Kan. App. 2d 338 (2003) (no district court discretion to revoke until evidence establishes violation)
- State v. Inkelaar, 38 Kan. App. 2d 312 (2007) (definition of preponderance of the evidence in probation context)
- State v. Donaldson, 35 Kan. App. 2d 540 (2006) (parties cannot stipulate to an incorrect application of law)