State v. Linsin

Briscoe, J.:

Defendant Thomas Linsin appeals the prison sentence he received after entering a plea of guilty to conspiracy to sell cocaine, a class E felony. K.S.A. 21-3302; K.S.A. 1984 Supp. 65-4107(b)(5); K.S.A. 65-4127a. The defendant, a first-time offender, contends he should have been sentenced to probation pursuant to the “presumptive sentence” language of K.S.A. 1984 Supp. 21-4606a. He argues the prison sentence imposed was an abuse of discretion resulting from the trial court’s misapplication of the statute.

K.S.A. 1984 Supp. 21-4606a provides:

“The presumptive sentence for a person who…