State v. McDaniel
Annotate this CaseDefendant David McDaniel pleaded guilty to aggravated battery. At the sentencing hearing, the district judge denied McDaniel's request for a nonprison sentence and imposed thirty-four months' incarceration. At a later hearing on the restitution amount, McDaniel stipulated to a restitution amount of $7,744 payable to Medicaid for the victim's medical expenses. The court of appeals affirmed the sentence and restitution order. The Supreme Court affirmed, holding (1) the district judge's failure to require that any hearing on the amount of restitution occur before sentencing in this case did not deprive the district court of jurisdiction; (2) the setting of restitution in the second hearing was not an impermissible change in McDaniel's sentence; and (3) sentencing to the highest term in an applicable Kansas Sentencing Guidelines Act grid box without proof of aggravating facts to a jury does not violate Apprendi v. New Jersey.
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