State v. Anthony

The opinion of the court was delivered by

Six, J.:

This case addresses defendant William Anthony’s challenge to the duration of his postrelease supervision sentence based on his reading of State v. Gould, 271 Kan. 394, 23 P.3d 801 (2001), and Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000). We also raise sua sponte the issue of whether Anthony’s sentence was. an illegal sentence.

Anthony was convicted by a jury of aggravated indecent liberties with a child, a severity level 3 crime. K.S.A. 21-3504(a)(3) (lewd fondling or touching). The district court imposed a…