State v. Bafford

The opinion of the court was delivered by

Six, J.:

We are required to interpret K.S.A. 1992 Supp. 22-3424(4) in resolving Jonathan W. Bafford’s claim of error in his sentencing procedure. Bafford asserts that he is entitled to re-sentencing because the trial judge, before imposing sentence, did not personally ask him if he wished to present evidence in mitigation of his punishment. Bafford was charged with aggravated robbery, K.S.A. 21-3427; aggravated assault, K.S.A. 21-3410; and aggravated assault of a law enforcement officer, K.S.A. 21-3411. He was convicted of aggravated robbery and found…