State v. Colbert

PlERRON, J.:

At sentencing for one count of simple robbery, the parties agreed that James M. Colbert’s criminal history category was H and his offense was a severity level nondrug 5. Therefore, Colbert fell into the Kansas Sentencing Guidelines Act (KSGA) nondrug grid block 5-H, a so-called “border box.”

Colbert requested that the district court impose the nonprison option available in border box cases of sending him to Labette County Conservation Camp. The district court denied the request. The judge noted:

“I don’t see any substantial and compelling reason to place Mr. Colbert at Labette. And…