State v. Coleman
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The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the district court revoking Defendant's probation without first imposing intermediate sanctions, holding that Kan. Stat. Ann. 22-3716(c)(9)(B) does not apply to probationers such as Defendant, whose offenses were committed before that statute's effective date.
Effective July 1, 2017, the Legislature amended section 22-3716(c)(9)(B) to permit a trial court to revoke a probationer's probation without first imposing graduated sanctions if the probation was granted as the result of a dispositional departure. Defendant's probation in the instant case was granted as a dispositional departure and was revoked on November 1, 2017. The trial court ruled that because Defendant's probation had been granted as the result of dispositional departures, the court had the authority to revoke Defendant's probation and impose the underlying sentences without first imposing intermediate sanctions. The court of appeals reversed, ruling that the trial court erred in applying section 22-3716(c)(9)(B) retrospectively. The Supreme Court affirmed, holding that the court of appeals did not err by holding that section 22-3716(c)(9)(B) does not operate retrospectively.
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