State v. Marsh

The opinion of the court was delivered by

Larson, J.;

This is a sentencing appeal. The issue is whether K.S.A. 1996 Supp. 21-4603d allows imprisonment without a departure where the offender committed the felony during incarceration, although not while serving a sentence for a felony.

In December 1996, Matthew C. Marsh escaped from the Osborne County jail, where he was being held on charges of burglary and interference with parental custody. During the escape, Marsh stole a truck. He was subsequently charged with, pled no contest to, and was convicted of aggravated escape from custody, K.S.A.…