State v. Roberts, 272 P.3d 24

Roberts was charged with fifteen counts of rape and fifteen counts of aggravated criminal sodomy for crimes against a victim aged 12–13, with Roberts aged 26–27 at the time.
The State and Roberts reached a plea agreement: Roberts pleaded no contest to one rape count; the remaining 29 charges were dismissed; district court found him guilty.
Jessica's Law imposed a life sentence with a mandatory minimum of 25 years and lifetime postrelease supervision.
Roberts moved for a departure arguing seven mitigating factors; the district court denied the motion after considering victim impact.
Victim’s mother testified; Roberts’ counsel noted the mother’s statement but Roberts had disputes about the victim’s harm.
Roberts appealed after sentencing, challenging the sentence as cruel and unusual punishment and the denial of departure.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Preservation of cruel and unusual claim	Roberts argues the sentence violates Eighth/ Kansas rights but has not preserved the claim below.	State contends the issue was not preserved for appeal per caselaw.	Claim not preserved; no remand to develop findings.
Whether district court abused discretion in denying departure	Roberts contends substantial and compelling reasons for departure existed.	State maintains district court properly weighed mitigating and aggravating factors.	No abuse of discretion; departure denial affirmed.

State v. Levy, 292 Kan. 379 (2011) (cruel and unusual punishment challenges raising on appeal barred)
State v. Trevino, 290 Kan. 317 (2010) (preservation for cruel and unusual punishment claims)
State v. Ortega-Cadelan, 287 Kan. 157 (2008) (preservation and procedure for constitutional challenges)
State v. Seward, 289 Kan. 715 (2009) (remand for findings in exceptional cruel-and-unusual challenge)
State v. Garza, 290 Kan. 1021 (2010) (first-time appeal issues on legal/factual determinations)
State v. Ballard, 289 Kan. 1000 (2009) (district court must review mitigating and aggravating factors)