State v. Eisenhour
Annotate this CaseAppellant was convicted of one count of abuse of a child and two counts of aggravated battery. The district court later revoked Appellant’s probation and imposed the underlying consecutive sentences for his convictions. Appellant appealed, arguing, inter alia, that the prison sentences were illegal because they violated the double base-sentence rule in Kan. Stat. Ann. 21-4720(b)(4). The Court of Appeals that the district court had imposed an illegal sentence, concluding that the trial judge should have sentenced Appellant to a maximum of sixty-eight months’ imprisonment, rather than a total of 102 months in prison, which was three times the base sentence of his primary crime. Appellant petitioned for review and filed a motion to remand, arguing that he was entitled to an immediate resentencing because he had served the maximum legal total sentence that could be imposed in this case. Here, the Supreme Court determined that the petition for review was improvidently granted and explained this decision in more than just a few words, as the circumstances of this case warranted instruction about procedures on remand and the effect of this decision.
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