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A PD win!: Probation is possible under Jessica?s Law

By Gideon

From Kansas Defenders, an appellate victory: Sarah Morrison and I won in State v. Gracey, No. 99310 (Kan. Feb. 6, 2009), holding that Jessica’s Law defendants are eligible for probation when their crime was committed before July 1, 2008. The court held, “[f]or defendants convicted of certain sexually motivated or sexually violent crimes committed before July 1, 2008, and sentenced pursuant to K.S.A. 21-4643(d), a departure sentence includes both durational and dispositional departures.” The court reversed Gracey’s sentence and remanded for resentencing consistent with the opinion. The court also held that the 55-month sentence ordered at the original sentencing hearing was not illegal, even though the sentence was less than the presumptive range on the guidelines grid...continue to full post

Full post as published by Public Defender Stuff on February 15, 2009 (boomark / email).