State v. Arculeo

The opinion of the court was delivered by

Davis, J.: The defendant, Scott M. Arculeo, appeals from the trial court’s prison sentence, claiming that the Kansas Sentencing Guidelines Act requires the imposition of a nonprison sanction. The Court of Appeals affirmed the trial court’s decision that a prison sentence was the appropriate disposition because the defendant had committed his present crime while on conditional release under the provisions of K.S.A. 21-4603d(a). State v. Arculeo, 22 Kan. App. 2d 91, 911 P.2d 818 (1996). We granted the defendant’s petition for review.

The facts in this…