State v. Toahty-Harvey
Annotate this CaseDefendant pled nolo contendere to one count of aggravated indecent liberties with a child. At sentencing, the district court granted a downward departure to a sixty months' prison term and imposed lifetime postrelease supervision. Defendant appealed the portion of his sentence imposing lifetime postrelease supervision, contending that the sentence was durationally disproportional in violation of the Kansas Constitution Bill of Rights. The Supreme Court affirmed the sentence, holding that the sentence in this case was not unconstitutionally disproportionate to (1) the nature of the case and the character of the offender; (2) the sentences imposed for other crimes in Kansas; and (3) the punishments imposed in other jurisdictions for the same offense.
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