Kansas Supreme Court
appeals—constitutional law—criminal procedure—sentencing
state v. brown
brown district court—judgment vacated and case remanded:
court of appeals—reversed
no. 113,751—march 1, 2019
FACTS: Brown entered a guilty plea to aggravated sodomy. A 360 month prison term was imposed. In an unpublished opinion, court of appeals found district judge stated reasons for departure from Jessica’s Law mandatory life sentence to the sentencing grid, but failed to state reasons for departure from grid range of 554-618 months to the 360-month sentence. Sentence vacated and remanded for resentencing. District judge then imposed 372-month sentence, stating same reasons for departure and noting impact on victim and her family by Brown appealing the sentence. A divided court of appeals panel affirmed in unpublished opinion. Brown filed petition for review, claiming the longer sentence denied him due process and conflicted with U.S. caselaw and Kansas Supreme Court precedent.
ISSUE: (1) Due process—vindictive resentencing
HELD: Brown’s constitutional claim, raised for first time on appeal, is considered. Presumption of vindictiveness, articulated in North Carolina v. Pearce, 395 U.S. 711 (1969), and applied in subsequent cases, is discussed. Under those U.S. Supreme Court decisions and State v. Rinck, 206 Kan. 634 (1996), Brown’s due process rights were violated. His successful appeal was the only reason articulated for the increased prison term, distinguishing State v. Spencer, 291 Kan. 796 (2011). Sentence is vacated and case is remanded for resentencing.
STATUTE: K.S.A. 2017 Supp. 21-5504(b)(1), -6815(a)
state v. Woodring
saline district court—affirmed
no. 117,347—March 1, 2019
FACTS: In exchange for all other charges being dismissed, Woodring entered plea of no contest to felony murder based on his involvement in a vehicular shooting. Prior to sentencing months later, he filed pro se motion to withdraw plea, arguing he was innocent because he did not pull trigger, and claiming State’s deadline for accepting the plea agreement was coercive. District court denied the motion, finding none of the factors in State v. Edgar, 281 Kan. 30 (2006), supported withdrawal of the plea. Hard-25 life sentence imposed. Woodring appealed the denial of his motion.
ISSUE: (1) Motion to withdraw plea
HELD: Under facts in this case, Woodring failed to show the good cause required by K.S.A. 2017 Supp. 22-3210 for withdrawing his plea prior to sentencing. Theory of aiding and abetting defeats his claim of innocence, and the 10-day deadline for accepting the plea agreement was not unduly coercive. District court’s ruling is affirmed.
STATUTES: K.S.A. 2018 Supp. 22-3601(b)(2): K.S.A. 2017 Supp. 21-5210, 22-3210, -3210(a), -3210(b)