22-3717(d)(1)(G) applies to persons convicted of a sexually
violent crime committed on or after July 1, 2006. There are
no persons convicted of a sexually violent crime on or after
July 1, 2006, to whom both subsection K.S.A. 22-3717(d)(1)(A)
and subsection (d)(1)(G) apply.
the statute as a whole and giving effect to all of the
subsections, there is no conflict or ambiguity in K.S.A.
from Sedgwick District Court; Bruce C. Brown, judge.
of the judgment of the Court of Appeals in an unpublished
opinion filed July 14, 2017.
Charles A. O'Hara, of O'Hara & O'Hara LLC, of
Wichita, was on the brief for appellant.
J. Gillett, assistant district attorney, Marc Bennett,
district attorney, and Derek Schmidt, attorney general, were
on the brief for appellee.
S. Carpenter argues the district court incorrectly sentenced
him to lifetime postrelease supervision after he was
convicted of burglary, theft, criminal damage to property,
aggravated indecent liberties with a child, and criminal
sodomy. Chiefly based on our recent decision in State v.
Brook, 309 Kan. 780, 440 P.3d 570 (2019), we reject his
argument and affirm.
and Procedural Background
State charged Carpenter with burglary, misdemeanor theft, and
misdemeanor criminal damage to property. In a separate
complaint, the State charged aggravated indecent liberties
with a child and criminal sodomy. He pled no contest in both
cases and was convicted.
sexually violent offenses of aggravated indecent liberties
with a child and criminal sodomy were committed between
February 1 and 15, 2008, and both were charged as severity
level 3 person offenses. See K.S.A. 22-3717(d)(2)(C) and (D)
(defining these offenses as sexually violent). The court
granted a downward dispositional departure to probation on
these presumptive imprisonment convictions. See K.S.A.
21-4704. In pronouncing the underlying sentence, the court
stated, "[T]he total term of incarceration you are
facing in the case is 55 months," adding the
"[p]ost-release chart under the guidelines is 36
months." But the later journal entry in the case
involving the sexually violent offenses instead reflected
lifetime postrelease supervision. See State v.
Gaudina, 284 Kan. 354, 358, 160 P.3d 854 (2007)
(postrelease supervision is included as part of a complete
of Carpenter's eventual probation violations, two years
later the district court revoked his probation and imposed
the underlying sentence of 55 months as well as lifetime
postrelease supervision. More than five years later,
Carpenter filed a motion to modify the journal entry to
correct a purportedly illegal sentence by confirming the
orally pronounced sentence of 36 months' postrelease
State opposed the motion, arguing lifetime postrelease
supervision was mandatory and the 36-month supervision itself