Tag: illegal sentencing
Updated on February 10, 2025
How Would You Like to Pay? Kansas Court of Appeals Holds That a Defendant Cannot Be Ordered to Use a Specific Asset to Pay Restitution
Kansas v. Smith, No. 126,038, 2025 WL 350217 (Kan. Ct. App. Jan. 31, 2025). Author: Michael Moore, Staff Editor Issue: Can a criminal defendant be ordered to assign their unrealized inheritance or change the beneficiary on their life …
Updated on September 10, 2024
Knowingly and Fairly Made Pleas
State v. Terning, No. 119,904 (Kan. Ct. App. Feb. 20, 2020). Issue: Under a motion to withdraw, is a plea knowingly and fairly made when the possible sentence term was mathematically different from the corrected sentence term? Answer: Yes, a …
Updated on September 10, 2024
Correcting an Illegal Sentence Includes Determining Concurrent vs. Consecutive Sentencing
State v. Jamerson, No. 115,629 (Kan. Jan. 25, 2019) Issue: On a motion to correct an illegal sentence, does the resentencing court have the authority to modify the duration and concurrent nature of the legal portions of the …
