(DOWNLOAD) "State v. Richardson" by Court of Appeals of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: State v. Richardson
- Author : Court of Appeals of Kansas
- Release Date : January 27, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The State appeals the trial court's imposition of a departure sentence when sentencing Jerry Richardson. The State contends the court's reasons for a dispositional departure from the presumptive sentence set forth in the applicable sentencing grid were not substantial and compelling, as required by K.S.A. 1993 Supp. 21-4721(d)(2). We apply the standard of review applicable to a question of law and conclude the sentencing court's consideration of the time elapsed since Richardson's last felony and last person felonies, factors not considered in determining Richardson's placement on the sentencing grid, is a substantial and compelling reason for departure in this case. As a result of plea negotiations, Richardson pleaded guilty to driving with a suspended license, a third or subsequent conviction in violation of K.S.A. 1993 Supp. 8-262, a severity level 9 nonperson felony. The offense was committed on July 13, 1993. The presentence investigation report revealed Richardson's criminal history included three person felonies, one nonperson felony, one person misdemeanor, and three nonperson or select misdemeanors. The three person felonies were juvenile adjudications committed 14 years earlier when Richardson was 16 years old. The presentence report stated that application of the Kansas Sentencing Guidelines Act (K.S.A. 1993 Supp. 21-4701 et seq.) to Richardson's present conviction and past criminal history resulted in his placement within the nondrug grid, 9A. A 9A nondrug grid