Payton v. State

Pierron, P.J.:

Darryl Payton appeals the district court’s denial of his motion for writ of habeas corpus pursuant to K.S.A. 60-1507. Payton argues he was denied 3 years of jail time credit when the district court refigured his sentence under the Kansas Sentence Guidelines Act (KSGA) after he committed a felony while on parole. We agree and reverse.

On September 24, 1991, a jury convicted Payton of aggravated battery, and the district court sentenced him to 5 to 20 years’ imprisonment. On November 24, 1993, the Kansas Parole Board granted Payton parole, and he was released from custody. While on…