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July 2023
KSSC will begin working with pilot groups in Lyon and Dickinson Counties to test out our new electronic JE and PSI system! If you are an attorney, judge or PSI writer in either of these counties and have not received an invitation to our upcoming training, please contact Francis Givens.
KSSC Welcomes Dustin Curry as its newest member
KSSC is happy to announce Governor Kelly has appointed Dustin Curry, Joseph, Hollander & Craft LLC, as the newest member of the Kansas Sentencing Commission. Officing in Lawrence, Dustin counsels and defends individuals during the investigation and prosecution of criminal charges in Kansas state and federal courts. He defends clients charged with felonies and misdemeanors—including drug crimes, violent crimes, property crimes, and DUIs.
Having tried more than 50 jury trials in state and federal courts, Dustin feels his best in a courtroom. He joined JHC's criminal defense team with ten years of experience as a prosecutor. Dustin began his legal career in the Shawnee County District Attorney's Office, where he served as a Deputy District Attorney supervising two separate criminal divisions and handling major felony cases ranging from aggravated assault to attempted capital murder. Dustin transitioned to federal prosecution when he was designated a Special Assistant United States Attorney on the Violent Crimes Task Force.
During his career as a prosecutor, Dustin gained first-hand knowledge of prosecutors' pre-charge involvement in the investigation process, charging assessments, plea requirements, trial protocol, and sentencing objectives. Now on the defense side, Dustin uses his considerable insight into the prosecution to advise his clients regarding the best approach for their cases. Welcome Dustin!
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Francis Givens, KSSC Special Projects Manager, and Chris Lyon, KSSC Staff Attorney, will review changes from the 2023 Kansas Legislative Session affecting criminal sentencing. Presenters will go over changes in sentencing forms. Additionally, recent case law affecting criminal sentencing from 2023 will be covered.
July 19th at 10:00 - webinar - click here for registration information.
July 20th at 12:00 CLE - If you are an attorney, click here for registration information.
Please contact Francis Givens with any questions.
To view the full report, click here.
To view the job description, click here.
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Recent Cases Affecting Sentencing in Kansas*
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Where a defendant argued that his upward departure sentence was illegal because aggravated kidnapping is not a crime of extreme sexual violence, the Kansas Supreme Court held the defendant’s aggravated kidnapping committed to facilitate rape and aggravated sodomy constituted a crime of extreme sexual violence under K.S.A. 2022 Supp. 21-6815(c)(2)(F)(i) and thus, affirmed the district court’s upward durational departure sentence. See State v. Newman-Caddell, 527 P.3d 911, 921 (Kan. April 21, 2023).
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The Kansas Supreme Court recently held a defendant had not met his burden to show that his restitution plan was unworkable because, aside from his responses to the district court’s questions, he presented no evidence about his ability to make the monthly restitution payments that were ordered while he was incarcerated. See State v. Taylor, No. 123,005, 2023 WL 3909814 at *4 (Kan. June 9, 2023). The Court went on to say that the defendant did not introduce evidence about the likelihood of securing employment while incarcerated, the daily wages he might expect from such employment, or other expenses he expected to incur while incarcerated. See id.
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The Kansas Court of Appeals recently held that a defendant’s prior criminal history conviction could not be scored for criminal history purposes because the plea did not establish which version of criminal threat he pled to. See State v. Degand, No. 125,120, 2023 WL 3261802 at *6 (Kan. App. May 5, 2023). The COA went on to say that the language of the amended indictment, the factual basis given by the State during the plea hearing, and the journal entry of judgment all reinforce this conclusion. See id.
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Where a defendant was ordered to register under KORA for a crime that did not automatically require registration, the Court of Appeals found that the district court did not make sufficient findings on the record that a deadly weapon was used because registration was not discussed at sentencing, the court did not check the box signifying the defendant was informed of his duty to register, and the judge did not check the box on the offender registration supplement signifying that a deadly weapon was used. See State v. Buzzini, 63 Kan.App.2d 335, 343, 528 P.3d 1024 (Kan. App. 2023).
*This is not an exhausted list of cases affecting sentencing. To view all recent cases, click here.
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