Easy as One, Two, Three
Author: Staff Editor Daniel Blackham
State v. Haffner, No. 128,522, 128,523, 128,524 (Kan. Ct. App. Oct. 2, 2026).
Issue: Under Kan. Stat. Ann. § 21-6805(f)(1), which provides that the sentence for a third felony drug possession conviction is presumptive prison, can a defendant agree to a plea deal that treats simultaneous second and third convictions as both presumptive prison sentences?
Answer: No. Under the Kan. Stat. Ann. § 21-6805(f)(1), a presumptive prison sentence for a third conviction requires a preexisting first and second conviction. If there are simultaneous second and third convictions, one must be treated as a second conviction and the other as a third conviction with a presumptive prison sentence.
Facts: Including Haffner’s two simultaneous drug convictions in this case, and one prior drug conviction, Haffner had three total drug convictions. Haffner agreed to a plea deal that treated his simultaneous second and third convictions, both requiring presumptive prison, rather than designating one of them as his second non-presumptive prison conviction.
Discussion: The Kansas Court of Appeals in State v. Haffner identified that the issue was not whether the district court could consider one of Haffner's convictions in a case as a third conviction that would require presumptive prison; the issue is that the district court counted both convictions as third convictions which carries a presumptive prison sentence. The Court cites a similar case in State v. Bell from 2024, where a defendant had two counts for drug possession against them simultaneously. The Court explained that it would be appropriate for defense counsel to request one count to be the second conviction, and the other count to be the third conviction with a presumptive prison sentence. Thus, only one conviction should carry the presumptive prison sentence. Because Kansas does not allow anyone to agree to an illegal sentence, the Court concluded that this rule holds true for simultaneous convictions at trial, and also for sentences agreed to as part of a plea deal.
Key Authorities:
State v. Haffner, No. 128,522, 128,523, 128,524 (Kan. Ct. App. Oct. 2, 2026).
Kan. Stat. Ann. § 21-6805(f)(1). (Special Rule 26 presumes prison for a third drug-related conviction.).