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State v. Angelo

Supreme Court of Kansas

April 21, 2017

State of Kansas, Appellee,
v.
Patrick Angelo, Jr., Appellant.

         SYLLABUS

         1. The special sentencing rules set out in K.S.A. 2003 Supp. 21-4603 (now codified at K.S.A. 2016 Supp. 21-6702) apply only to crimes committed before July 1, 1993-that is, before the effective date of the Revised Kansas Sentencing Guidelines Act, K.S.A. 2016 Supp. 21-6801 et seq.

         2. Simply pressing a point without pertinent authority, or without showing why it is sound despite a lack of supporting authority, is akin to failing to brief an issue. Where the appellant fails to brief an issue, that issue is waived or abandoned

         Appeal from Wyandotte District Court; Wesley K. Griffin, judge. Affirmed.

          Debera A. Erickson, of Kansas City, was on the brief for appellant.

          Jennifer S. Tatum, assistant district attorney, Jerome A. Gorman, district attorney, and Derek Schmidt, attorney general, were on the brief for appellee.

          OPINION

          Luckert, J.

         Patrick Angelo, Jr., appeals from sentences imposed on remand after the Court of Appeals held his original sentencing was ambiguous and, therefore, illegal. In this appeal, Angelo argues his newest sentences are also illegal because they impose a greater cumulative sentence than had been imposed at his original sentencing. We reject Angelo's arguments and affirm his sentences.

         Facts and Procedural History

         In February 2004, the State charged Angelo with two counts of premeditated first-degree murder arising from deaths that had occurred a few days earlier. A jury convicted him as charged on November 18, 2005.

         According to Angelo's presentence investigation report (PSI), the sentencing range for both Count I and Count II was life imprisonment. At the January 2006 sentencing hearing, Angelo's attorney asked the sentencing judge "to impose two life sentences without the possibility of parole for 25 years and run them concurrently." Angelo's attorney later stated, "he is obviously going to be given a life sentence and we understand that, but one life sentence, in essence, with a 25 year possibility for parole . . . would be very reasonable in this matter."

         The sentencing judge ruled, stating:

"It will be the judgment and order of the Court on count one, the charge of first degree premeditated murder, the defendant will be sentenced to the custody of the Kansas Secretary of Corrections for a period of life imprisonment. That is the only sentence that the law calls for on first degree murder.
"On count two, also the charge of first degree premeditated murder, the defendant will be sentenced to the custody of the Kansas Secretary of Corrections. Those sentences are ordered to run consecutively to one another. The defendant will be considered eligible for parole on each ...

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