State v. Brown

The opinion of the court was delivered by Beier, J.:

**369 This case involves allegedly vindictive resentencing on remand after a successful criminal appeal. Because we determine that defendant Wyatt G. Brown's due process rights were violated when he received more *547 prison time, we vacate his sentence and remand to the district court for another resentencing.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant Wyatt G. Brown originally was sentenced to 360 months' imprisonment after he pleaded no contest to one count of aggravated sodomy in violation of K.S.A. 2017 Supp. 21-5504(b)(1). In order to…