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State v. Alderson

Supreme Court of Kansas

April 11, 2014

STATE OF KANSAS, Appellee,
v.
SHAWN ALDERSON, Appellant

Appeal from Sedgwick District Court; CLARK V. OWNS II, judge.

SYLLABUS

BY THE COURT

1. A sentencing court may require a convicted person to both serve a sentence of imprisonment and pay restitution.

2. A sentencing court may, in its discretion, order the withholding of a certain amount as restitution from an inmate's entire monthly prison account. If the court intends that restitution is to be levied against an inmate while the inmate is incarcerated, the court must declare that intention unambiguously.

3. It is the role of the Kansas Prisoner Review Board, not the courts, to set conditions of parole.

4. Equitable principles may not operate to convert a legally valid order of sentencing into an illegal sentence.

5. When the district court enters a judgment that is correct in its result but is based on incorrect reasoning, appellate courts will affirm the judgment of that court.

Sean M.A. Hatfield, of Maughan & Maughan LC, of Wichita, argued the cause, and Carl F.A. Maughan, of the same firm, was with him on the briefs for appellant.

Boyd K. Isherwood, assistant district attorney, argued the cause, and Julie A. Koon, assistant district attorney, Nola Tedesco Foulston, former district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, were with him on the briefs for appellee.

OPINION

Page 365

ROSEN, J.

Shawn Alderson, who is serving a life sentence for first-degree murder, appeals from the summary denial of his motion for release from a restitution order.

The underlying facts of Alderson's convictions are set out in State v. Alderson, 260 Kan. 445, 922 P.2d 435 (1996). He was convicted of one count of felony murder and one count of aggravated battery. [299 Kan. 149] This court affirmed the convictions, vacated the upward durational departure sentence, and remanded. The new sentence, which was imposed on October 30, 1996, and which was the same upward departure sentence of life imprisonment with a consecutive sentence ...


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