21-4717.
History: L. 1992, ch. 239, § 17; L. 1993, ch. 291, § 276; L. 1994, ch. 341, § 3; L. 2000, ch. 181, § 10; L. 2009, ch. 32, § 38; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Law Review and Bar Journal References:
"Criminal Procedure Review: Survey of Recent Cases," 44 K.L.R. 895 (1996).
Survey of Recent Cases, 46 K.L.R. 920 (1998).
"The Kansas Sentencing Guidelines Act," Robert J. Lewis, Jr., 38 W.L.J. 327 (1999).
"Surviving Apprendi: A Procedural Ideal Meets the Real World of Determinate Sentencing," Teresa L. Sittenauer, 72 J.K.B.A. No. 1, 44 (2003).
Attorney General's Opinions:
Inmates serving sentence for third or subsequent conviction of domestic battery. 96-59.
CASE ANNOTATIONS
1. Upward departure sentence based on previous uncharged criminal activity violates defendant's presumption of innocence. State v. Hawes, 22 Kan. App. 2d 837, 841, 923 P.2d 1064 (1996).
2. Aggravating factors specified herein substantial and compelling as matter of law; substantial competent evidence supported each. State v. Hernandez, 24 Kan. App. 2d 285, 289, 944 P.2d 188 (1997).
3. Holding in United States Supreme Court case, Apprendi, not applicable as primary facts upon which an upward departure was based were proved beyond a reasonable doubt, i.e. by defendant's guilty pleas. State v. Cody, 27 Kan. App. 2d 1037, 10 P.3d 789 (2000).
4. Cited in opinion holding that juveniles have a constitutional right to jury trials. In re L.M., 286 Kan. 460, 468, 186 P.3d 164 (2008).
5. Conviction and sentence for possession of lithium metal with intent to manufacture a controlled substance affirmed. State v. Adams, 43 Kan. App. 2d 842, 232 P.3d 347 (2010).
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