State v. Chavez
Annotate this CaseRandy Chavez pled guilty to one off-grid count of aggravated indecent liberties with a child, under Jessica's Law, and one on-grid count of aggravated indecent liberties with a child. Chavez was sentenced to a twenty-five year term with lifetime parole and lifetime electronic monitoring. Chavez appealed, contending, inter alia, that the district court erred in sentencing him to a twenty-five-year term under Kan. Stat. Ann. 21-4643(a)(1) instead of a twenty-year term under Kan. Stat. Ann. 22-3717(b)(2). The Supreme Court found that the two statutes conflicted, and pursuant to the rule that states when the provisions of two statutes are in conflict the more specific statute governs, concluded that defendants who are subject to Jessica's Law face a mandatory minimum term of not less than twenty-five years' imprisonment before becoming eligible for parole. The Court, however, held that the imposition of parole conditions, including lifetime monitoring, is the province of the parole board and lies outside the jurisdiction of the district court. Accordingly, the Court affirmed the sentence of twenty-five years imprisonment without parole eligibility and vacated the parole condition of lifetime electronic monitoring.
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