Law Review and Bar Journal References:

Survey of Recent Cases, 45 K.L.R. 1394 (1997).

Survey of Recent Cases, 46 K.L.R. 921 (1998).

"Y2K: An active year for judicial legislation," Paul T. Davis, 69 J.K.B.A. No. 7, 12 (2000).

"Surviving Apprendi: A Procedural Ideal Meets the Real World of Determinate Sentencing," Teresa L. Sittenauer, 72 J.K.B.A. No. 1, 44 (2003).

"Criminal Procedure Survey of Recent Cases, Kansas Issue," 52 K.L.R. 771 (2004).

"Criminal Procedure Survey of Recent Cases," 53 K.L.R. 983 (2005).

"Criminal Procedure Survey of Recent Cases," 54 K.L.R. 895 (2006).

"Relating Kansas Offenses," Tom Stacy, 56 K.L.R. 831 (2008).

Attorney General's Opinions:

Criminal procedure; discussion of computation of jail credit earned and "sentence-begins" date. 2008-21.

CASE ANNOTATIONS

1. Whether Kansas department of corrections erred in considering defendant's criminal history on both burglary sentences in converting sentence to guidelines examined. State v. Bowen, 20 Kan. App. 2d 576, 577, 890 P.2d 374 (1995).

2. Whether sentencing judge's decision to impose presumptive sentences consecutively is appealable examined. State v. Peal, 20 Kan. App. 2d 816, 818, 893 P.2d 258 (1995).

3. Whether sentencing judge has discretion to impose concurrent or consecutive sentences in multiple conviction cases examined. State v. Peal, 20 Kan. App. 2d 816, 818, 893 P.2d 258 (1995).

4. Whether sentencing judge's decision to impose presumptive sentences consecutively is appealable examined. State v. Gambrel, 20 Kan. App. 2d 944, 894 P.2d 235 (1995).

5. Defendant may appeal imposition of discretionary consecutive sentences only if imposition constitutes departure. State v. McCallum, 21 Kan. App. 2d 40, 42, 895 P.2d 1258 (1995).

6. Defendant's plea for multiple offenses in separate case on same day may be used for KSGA (K.S.A. 21-4701 et seq.) criminal history. State v. Roderick, 259 Kan. 107, 114, 116, 911 P.2d 159 (1996).

7. Illegal sentence announced by court not corrected by journal entry. State v. Starr, 259 Kan. 713, 723, 915 P.2d 72 (1996).

8. Convictions of nonprimary crimes must be considered part of criminal history for primary crime under 1993 KSGA. State v. Riley, 259 Kan. 774, 777, 915 P.2d 774 (1996).

9. Multiple counts from more than one information are included in subsection (b) multiple conviction cases. State v. Fields, 22 Kan. App. 2d 148, 149, 912 P.2d 774 (1996).

10. Trial court erred by failing to state reasons for imposing departure sentence; double-double rule construed. State v. Peterson, 22 Kan. App. 2d 572, 573, 920 P.2d 463 (1996).

11. Misdemeanor convictions not included within definition of conviction event. State v. Reed, 23 Kan. App. 2d 661, 662, 663, 934 P.2d 157 (1997).

12. Imposition of consecutive sentences not inconsistent with presumptive sentences and does not constitute departure sentence. State v. Ware, 262 Kan. 180, 182, 938 P.2d 197 (1997).

13. All of subsection (b), other than (b)(4), applies when sentencing for multiple crimes arising from different charging documents. State v. Christensen, 23 Kan. App. 2d 910, 915, 916, 937 P.2d 1239 (1997).

14. Departure sentence for nonbase conviction exceeding double the presumptive sentence in violation of K.S.A. 21-4719(b)(2) reversed. State v. Hernandez, 24 Kan. App. 2d 285, 290, 944 P.2d 188 (1997).

15. Trial court finding that defendant sentenced in two separate cases on same day did not constitute single multiple conviction case upheld. State v. Bolin, 24 Kan. App. 2d 882, 883, 955 P.2d 130 (1998).

16. Revoking probation and sentencing a defendant for new conviction on the same day does not constitute multiple conviction case. State v. Koehn, 266 Kan. 10, 16, 966 P.2d 63 (1998).

17. Convictions must occur under a single charging document to constitute a multiple conviction case. State v. Bolin, 266 Kan. 18, 19, 968 P.2d 1104 (1998).

18. The "double" rule of section limits maximum sentence to twice base sentence when separate cases are consolidated for trial. State v. McCurry, 32 Kan. App. 2d 806, 89 P.3d 928 (2004).

19. No multiplicity of charges in defendant's attempt to use stolen credit card and driver's license to purchase motorcycle. State v. Bland, 33 Kan. App. 2d 412, 103 P.3d 492 (2004).

20. Double rule of K.S.A. 21-4720 does not apply to cases consolidated for trial under K.S.A. 22-3208. State v. McCurry, 279 Kan. 118, 105 P.3d 1247 (2005).

21. Amendment of section in 2000 was intended to clarify not change law and retroactive application does not prejudice defendant. State v. Montgomery, 34 Kan. App. 2d 511, 120 P.3d 1151 (2005).

22. Defendant lacked standing to challenge constitutionality of statute because district court departed based on aggravating factors found by a jury. State v. Snow, 282 Kan. 323, 343, 144 P.3d 729 (2006).

23. Defendants for whom statute is constitutionally applied cannot challenge on grounds statute may conceivably be unconstitutionally applied elsewhere. State v. Green, 38 Kan. App. 2d 781, 789, 172 P.3d 1213 (2007).

24. Cited; limitation of K.S.A. 21-4720(b)(4) applied; total prison sentence limited to twice the base sentence. State v. Johnson, 286 Kan. 824, 829, 190 P.3d 207 (2008).

25. Cited; defendant required to prove timely appeal would have been sought had defendant been properly informed of appeal right. State v. Gill, 287 Kan. 289, 291, 196 P.3d 369 (2008).

26. Cited in decision holding that juvenile adjudications are excluded from cases calling for consecutive adult sentences. State v. Crawford, 39 Kan. App. 2d 897, 900, 903, 185 P.3d 315 (2008).

27. Cited by dissent in discussion of resentencing after a conviction is reversed in multiple conviction case. State v. Hawkins, 40 Kan. App. 2d 10, 21, 23, 26, 188 P.3d 965 (2008).

28. Cited; upward departure sentence based on fiduciary relationship but sentence limited by double the base sentence. State v. Horn, 40 Kan. App. 2d 687, 692, 707, 708, 196 P.3d 379 (2008).

29. Cited; defendant's attorney must advise if statutes preclude judge from making concurrent sentence without finding manifest injustice. Wilkinson v. State, 40 Kan. App. 2d 741, 742, 745, 195 P.3d 278 (2008).

30. Cited; when sentence violates the maximum consecutive sentence allowed by K.S.A. 21-4720, court may resentence and change base sentence. State v. Snow, 40 Kan. App. 2d 747, 749, 751, 195 P.3d 282 (2008).

31. "Prior conviction event" and "within a single count" in K.S.A. 21-4642 construed and applied. State v. Trautloff, 289 Kan. 793, 217 P.3d 15 (2009).

32. Defendant convicted of one off-grid crime and one on-grid crime subject to supervision imposed for the off-grid crime. State v. Ross, 295 Kan. 1126, 289 P.3d 76 (2012).

33. The double rule does not apply to off-grid sentences. State v. Grotton, 50 Kan. App. 2d 1028, 337 P.3d 56 (2014).

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