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.
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
from Wyandotte District Court; Wesley K. Griffin, judge.
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.
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.
and Procedural History
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.
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."
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
"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