State v. Colston

Brazil, J.:

In 1992, pursuant to a plea agreement, Gerald Colston pled no contest to two counts of aggravated incest with a child. He was originally sentenced to two to five years of imprisonment on each count. The sentences were to run consecutively for a controlling term of imprisonment of 4 to 10 years. His sentences were subsequently modified to run concurrently for a controlling term of two to five years of imprisonment.

Pursuant to K.S.A. 1993 Supp. 21-4724, the Department of Corrections (DOC) issued a report indicating that Colston’s crimes were, for conversion eligibility purposes,…