State v. Lehman
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The Supreme Court reversed the decision of the court of appeals affirming the district court’s modification of its originally ordered period of postrelease supervision after the original term of supervision had ended and vacated Defendant’s sentence, holding that Defendant was entitled to be discharged from custody.
The Court held that because the original sentence had been completely served when the district court purported to correct Defendant’s sentence, the imposition of a new sentence was precluded by the double jeopardy provisions of the Fifth Amendment to the United States Constitution and section 10 of the Kansas Constitution Bill of Rights. The Court remanded this case with directions to discharge Defendant.
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