State v. Sandoval
Supreme Court of Kansas
1Per curiam
*367This appeal and the appeal in a similar case decided today, State v.Roth , 308 Kan. ----, 424 P.3d 529, 2018 WL 4167879 (No. 113,753, this day decided 2018), address the legal limits of a district judge's sentencing power after probation revocation.
We hold that, after revoking a criminal defendant's probation, a district judge may choose to sentence anew, even if some component of the original sentence was illegal because it failed to match a mandatory statutory minimum. In the alternative, a judge may simply require the defendant to serve the original sentence. If a new sentence is…
2Cases cited10 opinions
- Walters v. Metropolitan Educational Enterprises, Inc.Supreme Court of the United States · 1997
- State v. LooneySupreme Court of Kansas · 2014
- State v. BallardSupreme Court of Kansas · 2009
- State v. GilbertSupreme Court of Kansas · 2014
- Merryfield v. SullivanSupreme Court of Kansas · 2015
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