State v. Andelt

The opinion of the court was delivered by

Davis, C.J.:

The question we must resolve today is whether a defendant convicted of a felony drug offense qualifying for a certified drug abuse treatment program under K.S.A. 21-4729 maybe sentenced to prison under K.S.A. 21-4603d(f)(l), which authorizes a departure prison sentence where the underlying offense was committed while the defendant is on felony parole. We hold that the provisions of K.S.A. 21-4729 requiring a defendant to be committed to a certified drug abuse treatment program are mandatory.

Facts

In January 2007, Randy Andelt pleaded no…