State v. Mason
279 P.3d 707
| Kan. | 2012Background
- Mason pleaded guilty to rape of a child under 14 and aggravated criminal sodomy of a child under 14; the victim was his 12-year-old adopted daughter.
- He was sentenced to life imprisonment without possibility of parole for 592 months based on his criminal history score.
- At sentencing, family and friends spoke in Mason's favor; the victim’s therapist testified about ongoing trauma and lack of progress.
- Mason sought a departure from the mandatory Jessica’s Law sentence; the district court denied departure.
- The district court imposed a concurrent life sentence for aggravated sodomy and informed Mason he would have lifetime post-release supervision and lifetime electronic monitoring.
- The journal entry erroneously included lifetime post-release supervision and electronic monitoring; the court later remanded for a nunc pro tunc correction reflecting the bench sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Journal-entry correction for lifetime supervision | Mason argues journal entry conflicts with the bench sentence. | State contends journal entry is erroneous and should be corrected nunc pro tunc. | Journal entry incorrect; bench sentence valid; remand for nunc pro tunc correction. |
| Denial of departure under Jessica’s Law | Mason asserts mitigating factors justify departure. | State says factors were insufficient; prior sex offense and harm to victim support denial. | No abuse of discretion; departure denial affirmed. |
Key Cases Cited
- State v. Jolly, 291 Kan. 842 (2011) (statutory interpretation and guidance on sentencing authority)
- State v. Cash, 293 Kan. 326 (2011) (no authority to impose off-grid lifetime postrelease supervision with indeterminate life sentence)
- Abasolo v. State, 284 Kan. 299 (2007) (journal-entry corrections; sentencing effective from bench)
- State v. Seward, 289 Kan. 715 (2009) (abuse of discretion standard for departure)
- State v. Ward, 292 Kan. 541 (2011) (defining abuse-of-discretion standard for departures)
