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State v. Sotta

Court of Appeals of Kansas

January 26, 2018

State of Kansas, Appellee,
v.
Michael D. Sotta, Appellant.

         SYLLABUS BY THE COURT

         1. Under K.S.A. 2016 Supp. 22-4902(e)(2), the district court must make a finding on the record that the defendant used a deadly weapon in the commission of a person felony in order to require registration under the Kansas Offender Registration Act.

         2. Under the facts of this case, where during the plea hearing, the defendant twice stated in response to inquiries from the district court that he had knowingly placed another person in reasonable apprehension of immediate bodily harm with a deadly weapon, a sufficient basis was established for an order that the defender register as a violent offender under the Kansas Offender Registration Act.

         Appeal from Sumner District Court; William R. Mott, judge.

          Carol Longenecker Schmidt, of Kansas Appellate Defender Office, for appellant.

          Jessica E.M. Browning, deputy county attorney, and Derek Schmidt, attorney general, for appellee.

          Before Standridge, P.J., Pierron, J., and Burgess, S.J.

          PIERRON, J.

         Michael D. Sotta pled guilty to one count of aggravated assault with a deadly weapon and one count of aggravated burglary. The district court sentenced him to 32 months' imprisonment and ordered him to register as a violent offender under the Kansas Offender Registration Act (KORA). Sotta appeals, arguing the district court erred in requiring him to register under KORA because it did not find on the record that he used a deadly weapon when he committed aggravated assault. We affirm.

         On September 8, 2016, Sotta pled guilty to one count of aggravated assault with a deadly weapon, a severity level 7 person felony, and one count of aggravated burglary, a severity level 5 person felony. At the plea hearing, the following colloquy took place:

"THE COURT: To the charge made in Count 1 of the complaint, aggravated assault with a deadly weapon, how do you plead?
"[SOTTA]: Guilty.
"THE COURT: It's alleged that on or about July 8th, and 10th, and 11th, 2016 here in Sumner County-it looks like July 10th on these two, here in Sumner County . . . with regard to Count 1, you knowingly placed another person in reasonable apprehension of immediate bodily harm with a deadly weapon, that being you fired a gun at Todd Tomey, while you were fleeing from Tomey's residence, putting a bullet hole in the side of Tomey's residence.
"So basically it's alleged you knowingly placed Todd Tomey in reasonable apprehension of immediate bodily harm with a deadly ...

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