Legal Opinion

State v. Sandoval

Supreme Court of Kansas

Decided August 31, 2018No. 113299PublishedCited by 10 opinions

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

  1. Walters v. Metropolitan Educational Enterprises, Inc.Supreme Court of the United States · 1997
  2. State v. LooneySupreme Court of Kansas · 2014
  3. State v. BallardSupreme Court of Kansas · 2009
  4. State v. GilbertSupreme Court of Kansas · 2014
  5. Merryfield v. SullivanSupreme Court of Kansas · 2015

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3Cited by10 opinions

  1. Bruce v. KellySupreme Court of Kansas · 2022
  2. State v. WeekesSupreme Court of Kansas · 2018
  3. State v. MolerSupreme Court of Kansas · 2022
  4. State v. JonesCourt of Appeals of Kansas · 2018
  5. State v. BrookSupreme Court of Kansas · 2019

5 more not listed; retrieve them via the Exa API.

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