Mitchell v. Rayl

Abbott, J.:

The issue in this case is whether K.S.A. 1982 Supp. 22-3717(a), which allows good time credits to inmates serving mandatory minimum terms for certain offenses involving the use of a firearm pursuant to K.S.A. 21-4618, is to be applied retroactively or prospectively.

The appellant, Gene Allen Mitchell, was sentenced to a term of seven and one-half years to life and is presently incarcerated at the Kansas State Penitentiary. When he was sentenced, K.S.A. 1976 Supp. 22-3717(8) provided that any person sentenced under 21-4618 “shall not be eligible for parole therefrom prior to serving…