State v. Pace
258 P.3d 381
| Kan. | 2011Background
- Pace pled guilty to aggravated criminal sodomy; all other counts were dismissed under a plea agreement.
- The district court sentenced Pace to life imprisonment with a mandatory 25-year minimum and ordered lifetime electronic monitoring on parole.
- Pace filed a motion for a downward durational sentencing departure; the motion was denied after a sentencing hearing where Pace testified.
- On appeal, Pace challenges parole eligibility, the lifetime electronic monitoring, and the denial of a downward departure; the State defends the sentence and procedures.
- The court concluded 21-4643(a) controls Pace's parole eligibility over 22-3717(b)(2) based on Chavez, Mendoza, and related decisions.
- The court vacated the lifetime electronic monitoring requirement as a matter outside the sentencing court's authority, directing it to be handled by the parole board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Parole eligibility governs Pace's sentence | Pace argues both statutes apply; lenity doubt should resolve in his favor. | 21-4643(a) is more specific and controls; Chavez supports this. | 21-4643(a) controls Pace's parole eligibility. |
| Parole condition of lifetime electronic monitoring | Pace contends lifetime monitoring is part of parole. | Parole conditions are set by the parole board, not the sentencing court. | Vacate lifetime electronic monitoring; vacated portion to be handled by parole board. |
| Downward durational departure denial | Mitigating factors justify a departure. | District court properly weighed factors; no substantial and compelling reasons to depart. | Denial of downward durational departure affirmed; sentence remains. |
Key Cases Cited
- State v. Chavez, 292 Kan. _, 254 P.3d 539 (2011) (specificity of statute governs parole eligibility)
- State v. Mendoza, 292 Kan. _, 258 P.3d 383 (2011) (parallel authority reinforcing control by more specific statute)
- State v. Ward, 292 Kan. _, 256 P.3d 801 (2011) (abuse-of-discretion standard for sentencing decisions)
- State v. Gonzalez, 290 Kan. 747, 234 P.3d 1 (2010) (parole-related review framework in Kansas)
- State v. Jolly, 291 Kan. 842, 249 P.3d 421 (2011) (parole-board authority over certain conditions)