State v. Alonzo
Annotate this CaseDefendant pleaded guilty to a drug-related crime and was sentenced to eighteen months' probation. The district court made no findings justifying Defendant's extended prison probation term from twelve months to eighteen months pursuant to Kan. Stat. Ann. 21-6411(c)(5). More than eighteen months after Defendant's sentence was imposed, the district court resentenced Defendant to correct the failure to make findings justifying the extended probation term. Defendant appealed, arguing that the district court lacked jurisdiction to resentence him because he had already completed the twelve-month presumptive probation term. The Supreme Court vacated the judgment of the district court, holding (1) if a district court fails to comply with the requirements of section 21-4611(c)(5) by imposing an extended period of probation without making required findings and the sentence is therefore illegal, the district court only has jurisdiction to resentence the defendant during the period of probation that complied with section 21-4611(c)(5); and (2) because the district court imposed the "corrected" sentence after the twelve-month probation period had expired, the "corrected" sentence was unlawful.
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