Esters v. State

I respectfully dissent from that portion of the majority opinion which holds that K.S.A. 1976 Supp. 21-4618 prohibits a trial court from granting a suspended sentence as provided by K.S.A. 1976 Supp. 21-4603(2)(d).

K.S.A. 21-4602(2) defines “suspension of sentence” as a procedure under which a defendant, found guilty of a crime, upon verdict or plea, is released by the court without imposition of sentence. Subsection (3) defines “probation” as a procedure *507where the defendant is released by the court after imposition of sentence, without imprisonment, and subject to conditions imposed by the…