State v. Robison

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 120,903 STATE OF KANSAS, Appellee, v. ROBERT JAMES ROBISON III, Appellant. SYLLABUS BY THE COURT 1. The current Kansas criminal restitution statutes do not trigger Sixth Amendment protections as contemplated by Apprendi v. New Jersey, 530 U.S. 466, 476, 120 S. Ct. 2348,

147 L. Ed. 2d 435

(2000), and its progeny. 2. At a minimum, section 5 of the Kansas Constitution Bill of Rights protects as inviolate the procedural right to have a jury decide the contested questions juries historically decided when the Kansas Constitution came into existence. 3.…