State v. Atwell

Rulon, J.:

Patricia Atwell, defendant, appeals the trial court’s denial of presumptive probation as a first-time offender convicted of an E felony. K.S.A. 1989 Supp. 21-4606a and K.S.A. 1989 Supp. 21-4606b. We affirm in part and remand for further proceedings.

On appeal Atwell argues the trial court abused its discretion in finding sufficient facts to overcome the presumption of probation and in failing to consider assignment to community corrections. K.S.A. 1989 Supp. 21-4606a and K.S.A. 1989 Supp. 21-4606b.

The most recent amendment to K.S.A. 21-4606a became effective July 1, 1989, and on the…