State v. Gary

The opinion of the court was delivered by

Davis, J.:

This case comes before us on the State’s petition for review. The question presented for decision is whether a district court after granting a defendant probation on the crimes charged may thereafter revoke that probation based upon a crime committed by the same defendant 3 days prior to his grant of probation. We agree with the Court of Appeals’ negative response and affirm its decision reversing the district court’s revocation of probation in State v. Gary, 34 Kan. App. 2d 599, 601, 121 P.3d 1000 (2005).

On April 21, 2004, Lorenzo C. Gary…