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In re E.J.D.

Supreme Court of Kansas

April 24, 2015

In the Matter of E.J.D., a Juvenile

Review of an unpublished opinion filed August 2, 2013.

Appeal from Leavenworth District Court; MICHAEL D. GIBBENS, judge.

SYLLABUS

BY THE COURT

1. K.S.A. 2014 Supp. 38-2364(b) requires a district court to revoke the juvenile sentence and order the imposition of the previously ordered adult sentence if it makes findings supporting revocation of a juvenile sentence in an extended-jurisdiction juvenile prosecution.

2. The statutory scheme for extended jurisdiction supersedes provisions in the criminal code for modifying sentences.

3. When a district court considers a question of fact that must be proved by a preponderance of the evidence, the review by this court is limited to determining whether substantial competent evidence supports the district court's finding.

4. Under K.S.A. 2014 Supp. 38-2364(b), the district court may base revocation of juvenile sentences in extended-jurisdiction cases on " offense[s]," which is a broader category than " crimes" or " convictions."

Rhonda K. Levinson, of Levinson & Levinson PA, of Basehor, argued the cause and was on the brief for appellant.

Joan Lowdon, assistant county attorney, argued the cause, and Todd Thompson, county attorney, and Derek Schmidt, attorney general, were with her on the brief for appellee.

ROSEN, J. LUCKERT, J., not participating. PRESTON A. PRATT, District Judge, assigned.[1] MICHAEL J. MALONE, Senior Judge, assigned.[2]

OPINION

Page 513

Rosen, J.:

On review of an unpublished OPINION of Appeals, E.J.D. challenges the revocation of the stay of his adult sentence in an extended-jurisdiction juvenile proceeding and the [301 Kan. 791] denial of his motion for ...


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