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State v. Mason
279 P.3d 707
| Kan. | 2012
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Background

  • 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)
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Case Details

Case Name: State v. Mason
Court Name: Supreme Court of Kansas
Date Published: Jul 6, 2012
Citation: 279 P.3d 707
Docket Number: No. 105,535
Court Abbreviation: Kan.