State v. Hildebrandt

The opinion of the court was delivered by

Larson, J.:

This sentencing appeal involves the interaction of K.S.A. 22-3431 and the provisions of the Kansas Sentencing Guidelines Act (KSGA), K.S.A. 21-4701 et seq., when Danny M. Hildebrandt was returned to the district court after being committed for psychiatric care and treatment in lieu of sentencing. Hildebrandt appealed the sentence the district court entered to the Court of Appeals, which affirmed in an unpublished opinion, State v. Hildebrandt, No. 80,542, filed December 30, 1999. We granted Hildebrandt’s petition for review.

The factual and…