State v. Miller

Rulon, J.:

Arletha Miller appeals her conviction of aggravated failure to appear. K.S.A. 21-3814.

Principally, we are asked to decide if the district court erred in ruling that K.S.A. 21-3814 applies to failure to appear at a probation revocation proceeding. For the reasons stated below, we reverse and remand with directions.

On June 24, 1987, Arletha Miller pleaded guilty to one count of felony theft. As a result of the plea, Miller was sentenced to a term of incarceration of one to two years, but was ultimately placed on probation. On October 18, 1988, the State moved to revoke Miller’s…