Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

STATE v. PREWETT

January 19, 1990.

STATE OF KANSAS, Appellee,
v.
NOLAN PREWETT, Appellant.



The opinion of the court was delivered by

This is a criminal action wherein Nolan Prewett directly appeals from his convictions after a trial to the court. Prewett was convicted of the following offenses: two counts of first-degree murder, K.S.A. 21-3401; two counts of aggravated kidnapping, K.S.A. 21-3421; two counts of aggravated criminal sodomy, K.S.A. 21-3506; two counts of rape, K.S.A. 21-3502; and two counts of enticement of a child, K.S.A. 21-3509. Prewett was sentenced to life imprisonment on each count of murder and aggravated kidnapping. For aggravated sodomy and rape, Prewett was sentenced to not less than fifteen years nor more than life on each count. Finally, Prewett was sentenced to not less than three nor more than ten years for each of the two counts of enticement of a child. The sentences on the two counts of murder are to be served consecutively and all other sentences are to run concurrently with the murder sentences. The district court suspended execution of the sentences and Prewett was committed to the Larned State Security Hospital in lieu of imprisonment pursuant to K.S.A. 22-3430.

The facts are that on July 19, 1986, Pamela Mahomes, who lived at 1530 Tyler, Topeka, Kansas, reported to the Topeka Police Department that her three-year-old daughter, Shavon, and six-year-old daughter, Shannon, were missing. A neighborhood search for the young girls proved fruitless. Two neighborhood children told police they had last seen Shavon and Shannon on Nolan Prewett's porch at 1524 Tyler. The children stated Prewett stood in the open front door, with his hands behind his back, talking with the girls. Ultimately, a search warrant for Prewett's residence was issued on July 20, 1986. Police officers discovered the bodies of Shavon and Shannon in Prewett's basement stuffed between a furnace and stud wall. Prewett and another individual

[246 Kan. 41]

      in the house, David Howard, were arrested and charged with the sexual violations and deaths of the Mahomes girls. David Howard was tried and acquitted.

  On January 27, 1987, Prewett filed a motion to quash the search warrant and suppress evidence, alleging a lack of probable cause to issue the warrant. Prewett also filed a motion to dismiss on the grounds of denial of a speedy trial. The trial court denied both motions. Prewett waived a jury trial, and a bench trial was held October 20, 1987. Prewett was found guilty of the crimes charged and sentenced, and execution of the sentences was suspended for Prewett's commitment to Larned State Security Hospital. Prewett appeals.

  Prewett first contends the trial court erred in failing to dismiss charges against him as a result of the violation of his right to a speedy trial. K.S.A. 22-3402 provides:
"(1) If any person charged with a crime and held in jail solely by reason thereof shall not be brought to trial within ninety (90) days after such person's arraignment on the charge, such person shall be entitled to be discharged from further liability to be tried for the crime charged, unless the delay shall happen as a result of the application or fault of the defendant, or a continuance shall be ordered by the court under subsection (3)."
  Subsection (3) extends the time for trial beyond the 90-day limitation in the following circumstances:
 
"(3) The time for trial may be extended beyond the limitations of subsections (1) and (2) of this section for any of the following reasons:
"(a) The defendant is incompetent to stand trial;
"(b) A proceeding to determine the defendant's competency to stand trial is pending and a determination thereof may not be completed within the time limitations fixed for trial by this section."
  Prewett was in custody from the time of his arraignment, August 28, 1986, until his trial, October 20, 1987; a total of 418 days. The pertinent dates are as follows:

 August 28, 1986 Prewett's arraignment.

 October 16, 1986 Prewett's motion to determine competency to stand trial and notice of intent to rely upon insanity defense; trial court order to transport Prewett to Larned State Hospital.

[246 Kan. 42]

     

 
December 31, 1986 Trial court received competency report from Larned State Hospital.
January 7, 1987 Prewett's motion for competency hearing filed.
 
January 27, 1987 Prewett's motion for competency hearing granted and hearing date set.
February 20, 1987 Trial court determines Prewett incompetent to stand trial and orders transfer to Larned State Hospital.
 
July 29, 1987 Trial court received competency report from Larned State Hospital.
August 11, 1987 Prewett's second motion for competency hearing filed.
 
September 3, 1987 Trial court accepts Prewett's waiver of hearing and stipulation to competency.
September 11, 1987 Trial court grants Prewett's motion for trial setting of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.