State v. Buser
Annotate this CaseIn 2009, Defendant pleaded no contest to one count of indecent liberties with a child. The district court sentenced Defendant to a term of imprisonment and lifetime post-release supervision. The court further ordered Defendant to register as an offender under the Kansas Offender Registration Act (KORA) for his lifetime, finding that this was Defendant’s second conviction based upon a prior juvenile adjudication. Defendant appealed, arguing that his juvenile adjudication could not count as a prior conviction to enhance the time period of registration. The Court of Appeals concluded that the district court erred in imposing a lifetime registration term but that the 2011 amended registration term of twenty-five years, rather than the ten-year registration term in effect when Defendant committed his crime, could be applied retroactively to Defendant. The Supreme Court reversed, holding that the Ex Post Factor Clause precludes the retroactive application of the 2011 version of KORA to any sex offender who committed the qualifying offense prior to July 1, 2011.
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