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In re A.M.M.-H.

Court of Appeals of Kansas

November 8, 2013

In the Matter of A.M.M.-H.

Review Granted Feb. 18, 2014.

Syllabus

1 K.S.A. 2012 Supp. 38-2364 involving extended juvenile jurisdiction proceedings is analyzed and applied.

2. When a juvenile is sentenced under extended juvenile jurisdiction proceedings, the juvenile receives both a juvenile sentence

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and an adult criminal sentence. The adult criminal sentence is stayed on the condition the juvenile offender does not violate the provisions of the juvenile sentence and not commit a new offense. K.S.A. 2012 Supp. 38-2364(a)(1)-(2).

3. If a juvenile violates the conditions of the juvenile sentence, the juvenile court may immediately lift the stay and, if consistent with the adult sentence, order the juvenile into the custody of the Kansas Department of Corrections. After a hearing on the alleged violations, if the court finds a violation of the conditions, the court shall revoke the juvenile sentence and order the imposition of the adult sentence previously ordered. K.S.A. 2012 Supp. 38-2364(b).

4. Under the facts of this case, a juvenile who completes the incarceration portion of a juvenile sentence under the extended juvenile jurisdiction proceedings and is granted conditional release may be ordered to serve the adult sentence previously entered by the court if the juvenile violates the provisions of the conditional release under K.S.A. 2012 Supp. 38-2364(b) and K.S.A. 2012 Supp. 38-2369(4)(C).

Michael J. Bartee, of Michael J. Bartee, P.A., of Olathe, for appellant.

Shawn E. Minihan, assistant district attorney, Stephen M. Howe, district attorney, and Derek Schmidt, attorney general, for appellee.

Before MALONE, C.J., PIERRON and HILL, JJ.

PIERRON, J.

In September 2010, the State charged 15-year-old A.M.M.-H. with rape, aggravated criminal sodomy, and aggravated intimidation of a witness. In April 2011, A.M.M.-H. pled guilty to aggravated indecent liberties with a child and aggravated intimidation of a witness. The parties agreed to proceed under extended juvenile jurisdiction proceedings found in K.S.A. 2012 Supp. 38-2347(a)(3). For his juvenile sentence, the district court ordered A.M.M.-H. to serve 24 months' incarceration at the juvenile correction facility and then 24 months' aftercare. For his adult sentence, the court ordered A.M.M.-H. to serve 59 months' incarceration at the Kansas Depart of Corrections for aggravated indecent liberties with a child and a concurrent sentence of 18 months for aggravated intimidation of a witness. The court left the amount of restitution open but ordered costs in the amount of $823.

In September 2012, A.M.M.-H. signed several documents in order to effectuate his conditional release from the juvenile correctional facility. A.M.M.-H. signed a " Conditional Release Contract" that provided the following conditions:

" A. Education, Work and/or Training: If I am under the age of 18 or have not attained a GED, I will attend school in compliance with the compulsory school attendance laws, or participate in an approved educational or vocational/job training program. ...

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