State v. Sylva

Brazil, J.:

Stephen W. Sylva appeals a district court order denying his motion to modify sentence, arguing the court was required by K.S.A. 1989 Supp. 21-4603(3)(a) to grant probation because probation was recommended in the report of the State Reception and Diagnostic Center (SRDC) and because probation was a presumptive sentence for him as a first-time class D felon. We affirm.

Sylva pled guilty to one count of attempt to sell cocaine (K.S.A. 1987 Supp. 65-4107[b][5], K.S.A. 65-4127a, K.S.A. 21-3301), a class D felony, and one count of attempt to sell marijuana (K.S.A. 1987 Supp.…