State v. Whitesell

Brazil, J.:

Defendant Jon L. Whitesell was convicted in October 1998, following a jury trial, of stalking in violation of K.S.A. 21-3438(a), a severity level 10 person felony. Though the presumptive sentence was 24 months’ probation, the sentencing court granted the State’s motion for an upward departure and sentenced Whitesell to 60 months’ probation.

Whitesell appealed his conviction and sentence to this court, and the appeal was transferred to the Kansas Supreme Court pursuant to K.S.A. 20-3018(c). See State v. Whitesell, 270 Kan. 259, 13 P.3d 887 (2000) [Whitesell I). In August 2000, while…