State v. Morningstar
299 Kan. 1236
| Kan. | 2014Background
- Gary L. Morningstar Jr. convicted of rape of a child <14 (off-grid hard-25 life under Jessica’s Law), aggravated battery, child abuse, and child endangerment.
- Kansas Supreme Court (Morningstar I) vacated the off-grid rape life sentence because jury did not determine age; remanded for resentencing on the KSGA nondrug grid.
- On remand, recalculation of grid sentences was required because rape became the highest-severity grid offense, affecting the aggravated-battery sentence and criminal-history application.
- District court resentenced rape to 186 months and aggravated battery to 43 months, and ordered the rape sentence to run consecutive to the other sentences (aggregate controlling term 229 months).
- Court of Appeals dismissed Morningstar’s appeal as beyond jurisdiction because the new sentence was within the presumptive KSGA range; Supreme Court granted review to address jurisdiction and merits.
Issues
| Issue | Morningstar's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Court of Appeals had jurisdiction to review consecutive-sentence challenge after remand | Appeal barred because new sentence is within presumptive range (no jurisdiction) | Appellate review exists to decide whether district court had authority to impose consecutive sentence | Court of Appeals erred; appellate jurisdiction exists to review whether district court had authority despite presumptive-range sentence (citing Warren) |
| Whether remand mandate (Morningstar I) prohibited imposing consecutive sentence | Mandate did not permit changing concurrent to consecutive on remand | Mandate allowed district court to exercise statutory sentencing authority on remand | Mandate did not prohibit consecutive sentence; remand intended to permit exercise of KSGA authority |
| Whether KSGA (including K.S.A. 21-4720(b)(5)) bars district court from running resentenced (vacated) count consecutive to other sentences | District court lacked statutory authority to change concurrency on remand under KSGA | KSGA permits court to reexamine and impose consecutive term when conforming sentences to grid; Guder distinction applies | Court held KSGA permits running the resentenced (vacated) rape term consecutive to other sentences because court had to re-sentence multiple counts to conform to KSGA |
| Whether the primary/base crime’s sentence may be designated to run consecutive to nonbase sentences | Base sentence cannot be made consecutive; statute implies base imposed first and nonbase adjusted after | K.S.A. 21-4720 does not prohibit designating the primary offense sentence as consecutive; order of aggregation is irrelevant so long as sentences are aggregated properly | Court held no statutory prohibition; primary crime’s sentence may be ordered consecutive and aggregated under KSGA |
Key Cases Cited
- State v. Morningstar, 289 Kan. 488 (Kansas) (prior Supreme Court decision vacating off-grid rape sentence and remanding for KSGA resentencing)
- State v. Warren, 297 Kan. 881 (Kansas) (appellate courts may review whether lower court believed it lacked authority to impose departures even when sentence is presumptive)
- State v. Guder, 293 Kan. 763 (Kansas) (KSGA limits district court authority to modify non-vacated sentences on remand in multiple-conviction cases)
- State v. Sims, 294 Kan. 821 (Kansas) (sentence is illegal if it differs in character or term from statute-authorized punishment)
- State v. Miller, 260 Kan. 892 (Kansas) (KSGA removed pre-KSGA jurisdiction to modify lawful sentences except for clerical/arithmetic corrections)
- State v. Heywood, 245 Kan. 615 (Kansas) (pre-KSGA authority permitting district court on remand to change concurrent sentences to consecutive when within statutory authority)
- State v. Stafford, 255 Kan. 807 (Kansas) (upholding pre-KSGA consecutive sentencing where court considered statutory factors)