Kansas v. Sellers.
Annotate this CaseAppellant Jerry Sellers was convicted on two counts of aggravated indecent liberties with a child, and received a consecutive 72-month prison sentence on one count, and a 59-month sentence on the other. The district court judge held that Appellant was subject to a lifetime of post-release supervision and a lifetime of electronic monitoring. Appellant raised several issues on appeal, notably, that the trial court erred in sentencing him to a lifetime of post-release monitoring. This monitoring, he argued, was unconstitutional. On review of the lower court’s record, the Supreme Court found that Appellant did not preserve his challenge to the constitutionality of the lifetime post-release sentence under state law. However, Appellant was not subject to the post-release supervision because the State failed to prove he was subject to it. Accordingly, the Court vacated the post-release supervision portion of Appellant’s sentence, and remanded the case for re-sentencing to a 36-month post-release term.
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