State v. DooleyAnnotate this Case
The Supreme Court affirmed the ruling of the district court that Defendant violated the terms of his probation but reversed and remanded for further proceedings concerning the revocation of probation and imposition of the original underlying sentence, holding that the hearing transcript and journal entry failed precisely to state whether the district court made the requisite findings in order to impose the underlying prison term and thus bypass the intermediate probation violation sanctions mandated by Kan. Stat. Ann. 2203716.
On appeal, Defendant argued that the district court failed to base its decision imposing the underlying prison term on a statutory exception that would have authorized the court to bypass the mandatory intermediate probation violation sanctions. The Supreme Court remanded the case to the district court because the district court did not clarify the precise basis for imposing the underlying prison term, and the journal entry was ambiguous on that point.