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Probation Sentence Possible under Kansas' Jessica's Law

By Corey Rayburnyung

A Public Defender reports on a case where a defendant could receive probation on remand under Kansas' Jessica's law if their crime was committed before July 1, 2008. Here is the ruling from the Kansas Supreme Court. From the post: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...continue to full post

Full post as published by Sex Crimes on March 18, 2009 (boomark / email).