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State v. Carpenter

Supreme Court of Kansas

December 6, 2019

State of Kansas, Appellee,
v.
Daniel S. Carpenter, Appellant.

         SYLLABUS

         1.

         K.S.A. 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.

         2.

         Construing the statute as a whole and giving effect to all of the subsections, there is no conflict or ambiguity in K.S.A. 22-3717(d)(1).

          Appeal from Sedgwick District Court; Bruce C. Brown, judge.

         Review of the judgment of the Court of Appeals in an unpublished opinion filed July 14, 2017.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.

          Lance J. Gillett, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, were on the brief for appellee.

          OPINION

          NUSS, C.J.

         Daniel 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.

         Facts and Procedural Background

         The 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.

         The 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 sentence).

         Because 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 supervision.

         The State opposed the motion, arguing lifetime postrelease supervision was mandatory and the 36-month supervision itself was ...


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