State v. RothAnnotate this Case
At issue was the legal limits of a district judge’s sentencing power after probation revocation.
The Supreme Court held in this appeal and in a similar case decided today, State v. Sandoval, __ P.3d __ (this day decided), that (1) after revoking a criminal defendant’s probation, a district judge may choose to sentence anew, even if some aspect of the original sentence was illegal due to a failure to match a mandatory statutory minimum; and (2) if a new sentence is pronounced from the bench after probation revocation, the original illegality no longer exists and, therefore, the new sentence is not subject to correction or challenge under Kan. Stat. Ann. 22-3504.