State v. McDaniel, 254 P.3d 534

McDaniel pled guilty to aggravated battery stemming from a stabbing in a fight.
PSI listed Medicaid restitution of $21,269.06; victim and family did not request restitution.
At sentencing, the court imposed 34 months, the highest presumptive term for severity 5 and history I.
Restitution amount was discussed; a later hearing was scheduled about the PSI restitution figure.
McDaniel and State stipulated to a reduced restitution amount of $7,744.26 at the later hearing.
The issue on appeal included whether restitution proceedings and the subsequent restitution amount affected the sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction to set restitution before/after sentencing	McDaniel: hearing must precede sentencing per 22-3424(d).	State: statute is directory; no jurisdictional defect.	Restitution hearing before sentencing not required; statute directory; no jurisdictional defect.
Effect of restitution timing on sentence	McDaniel: changing restitution after pronouncement alters sentence improperly.	State: restitution hearing amended amount but did not modify sentence.	No improper sentence modification; restitution completed the sentence, not changed it.
Highest grid term under Apprendi	McDaniel: cannot be sentenced to highest term without aggravating facts proved to a jury.	Johnson controls; no reexamination needed.	Affirmed 34-month sentence; Apprendi/Johson reasoning reaffirmed.

State v. Jackson, 291 Kan. 34 (2010) (sentencing occurs when court pronounces sentence; jurisdictional rules)
State v. Raschke, 289 Kan. 911 (2009) (directory vs mandatory interpretation factors)
State v. Bryant, 37 Kan. App. 2d 924 (2007) (K.S.A. 22-3424(d) 'shall' as directory, not mandatory)
State v. Johnson, 286 Kan. 824 (2008) (Apprendi; highest grid term validity in Kansas)
State v. Cooper, 267 Kan. 15 (1999) (discretion to extend time to set restitution amount)