State v. Hopkins

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Justia Opinion Summary

The Supreme Court held that the award of credit under Kan. Stat. Ann. 21-6615(a) is not limited to time spent "solely" in custody for the charge for which the defendant was being sentenced, thus affirming in part and reversing in part the judgment of the trial court.

Pursuant to a plea agreement, Defendant agreed to plead guilty to two counts of premeditated first-degree murder. The trial court sentenced Defendant to a hard fifty sentence on count 1 and sentenced count 2 to run concurrently. The court declined to grant Defendant any jail time credit. The Supreme Court reversed in part, holding (1) because Defendant spent 572 days in jail while his case was pending he must be awarded 572 days in jail time credit against his hard 50 sentences; and (2) the district court did not abuse its discretion when it denied Defendant's motion for a downward departure sentence.

Primary Holding

The Supreme Court held that the award of credit under Kan. Stat. Ann. 21-6615(a) is not limited to time spent "solely" in custody for the charge for which the defendant was being sentenced, thus affirming in part and reversing in part the judgment of the trial court.


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