State v. Reeves, 117120

Background

Reeves (convicted of conspiracy to commit aggravated robbery) received a presumptive 32-month sentence but was placed on 36 months' probation.
Over two years he accumulated multiple probation violations and sanctions (jail stays, 120-day DOC sanction, officer sanctions).
At the November 14, 2016 hearing Reeves admitted violations, said probation wasn’t working and asked to serve his sentence, but requested a reduced term of 23 months instead of 32.
The State opposed reduction, noting Reeves had absconded from probation and rejected treatment efforts.
The district court revoked probation, denied the request for a lesser sentence, and ordered Reeves to serve the original 32-month term; Reeves appealed only the denial of the reduced sentence.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellate court has jurisdiction to review denial of a request for a lesser sentence after probation revocation	Reeves: Appeal is of the November 14, 2016 denial of his request (a final judgment) and thus reviewable	State: (implicitly) appellate review of presumptive KSGA sentences may be barred when within presumptive range	Court: Jurisdiction exists to review the district court's denial of a sentence modification made at the probation-revocation proceeding
Whether K.S.A. 2016 Supp. 21-6820(c)(1) bars review of a denial to reduce a presumptive sentence upon revocation	Reeves: Not seeking review of original sentence; seeking review of district court action at revocation hearing	State: Prior panels held KSGA § 21-6820(c)(1) limits appellate review of presumptive sentences	Court: § 21-6820(c)(1) does not bar review here because the appeal challenges the revocation-hearing decision, not the original sentencing judgment
Whether the district court had authority to impose a lesser sentence at probation revocation	Reeves: Statute allows court to impose any lesser sentence when revoking probation	State: No explicit contrary argument; relies on court's discretion	Court: K.S.A. 22-3716(c)(1)(E) grants district court discretion to impose original or any lesser sentence at revocation
Whether denial of Reeves' request for a lesser sentence was an abuse of discretion	Reeves: District court should have reduced sentence to 23 months given youth and addiction	State: Court reasonably refused given absconding, repeated violations, violent crime	Court: No abuse of discretion; reasonable persons could deny reduction given Reeves' conduct and failed interventions

Key Cases Cited

State v. Collins, 303 Kan. 472 (2015) (statutory interpretation reviewed de novo)
State v. Smith, 304 Kan. 916 (2016) (jurisdiction is a question of law reviewed unlimitedly)
State v. Hall, 298 Kan. 978 (2014) (generally no jurisdiction to modify a sentence once pronounced)
State v. McGill, 271 Kan. 150 (2001) (K.S.A. 22-3716(c)(1)(E) authorizes modification to lesser sentence on probation revocation)
State v. Marshall, 303 Kan. 438 (2015) (abuse of discretion standard described)
State v. Smith-Parker, 301 Kan. 132 (2014) (burden to show abuse of discretion rests with appellant)
State v. Cisneros, 42 Kan. App. 2d 376 (2009) (statute does not require on-the-record consideration of modification when issue not raised)