State v. Atkisson

The opinion of the court was delivered by Biles, J.:

James Franklin Atkisson, Jr. appeals for the second time a denial of his motion for downward departure from the hard 25 life sentence specified by Jessica's Law under K.S.A. 2013 Supp. 21-6627. This time, the district court denied the motion after concluding the mitigating circumstances asserted did not justify departure, based in part on information gleaned from a probable cause affidavit filed by the State with the initial complaint and from unsworn statements made by the victim's family at sentencing. A Court of Appeals panel affirmed.…