State v. Wilson
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The Supreme Court reversed the judgment of the court of appeals affirming the district court's decision to revoke Defendant's probation, holding that the district court failed to follow the statutory graduated sanctions set out in Kan. Stat. Ann. 22-3716.
Section 22-3716 requires judges, except under certain circumstances set forth in a bypass exception, to impose specified intermediate sanctions before revoking a defendant's probation. In the instant case, Defendant committed multiple probation violations and received sanctions on two prior occasions. After a third violation, a district court judge revoked Defendant's probation without mentioning the bypass exception. The Supreme Court remanded the case, holding that the harmless error analysis does not apply to the district court's failure to follow the statutory graduated sanctions set forth in section 22-3716.
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