State v. Reed

The opinion of the court was delivered by

Abbott, J.:

This is a direct appeal from the trial court’s ruling that K.S.A. 1989 Supp. 21-4603(3)(a), which provides that a district court shall modify a defendant’s sentence when recommended by the State Reception and Diagnostic Center (SRDC) (now the Topeka Correctional Facility-east) unless specific findings are made by the trial court, is unconstitutional on separation of powers grounds.

The facts are not in dispute and have no real significance to the question before us. The defendant, Keith Reed, previously was charged as a juvenile, on two…