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State v. McGill

Court of Appeals of Kansas

January 9, 2015

STATE OF KANSAS, Appellee,
v.
DAJUAN MCGILL, Appellant

Appeal from Sedgwick District Court; DOUGLAS R. ROTH, judge.

SYLLABUS

BY THE COURT

1. The legislature in 2014 made it clear that the graduated sanctions created in K.S.A. 2013 Supp. 22-3716(c) apply to any violation of conditions of release or assignment or a nonprison sanction occurring on and after July 1, 2013.

2. Because the violations of probation alleged in this case occurred prior to July 1, 2013, the intermediate sanctions found in K.S.A. 2013 Supp. 22-3716(c) are inapplicable.

Corrine E. Johnson, of Kansas Appellate Defender Office, for appellant.

Lesley A. Isherwood, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, for appellee.

Before HILL, P.J., MCANANY, J., and BURGESS, S.J.

OPINION

Page 516

Hill, J.

Dajuan McGill appeals the revocation of his felony probation. He contends the district judge could only impose an intermediate sanction in his case because the judge failed to first find that the safety of the public or McGill's own welfare would be jeopardized if he was not sent to prison, that he had committed a new felony or misdemeanor, or that he had absconded from supervision. McGill argues K.S.A. 2013 Supp. 22-3716 controls the issue. Because the statutory amendments mentioned by McGill apply only to violations occurring on and after July 1, 2013, we hold the amendments to that law are inapplicable here since McGill's probation violation occurred before that date.

This was not the first revocation hearing in this case.

In April 2009, McGill pleaded guilty to one count of aggravated burglary and one count of theft and received a suspended 34-month prison sentence. The court then ordered McGill to serve 36 months' probation with 24 months' postrelease supervision. McGill's probation has been revoked on five occasions prior to this current revocation. On one occasion, McGill had entered a no contest plea to one count of aggravated battery, resulting in a suspended 26-month prison sentence. The court, in response, revoked his probation but then reinstated him on a new term of probation. The warrant regarding McGill's current probation violation hearing was filed on May 14, 2013. ...


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