State v. CollinsAnnotate this Case
Defendant pleaded guilty to one count of domestic battery, which was treated as a person felony based on Defendant’s criminal history. The district court imposed the minimum ninety-day confinement required by statute, followed by twenty-four months of probation. The court of appeals affirmed, concluding that a district court may impose up to sixty months of probation on persons convicted of felony domestic battery in accordance with Kan. Stat. Ann. 21-6608(c)(6). Defendant appealed, arguing that he could only be sentenced to twelve months of probation pursuant to the statute. The Supreme Court affirmed, holding (1) in the absence of a statutory limit, the duration of the probation term for felony domestic battery is a probation condition within the district court’s discretion; and (2) the district court did not abuse its discretion in ordering Defendant to serve twenty-four months of probation.