State v. Sandoval

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 113,299 STATE OF KANSAS, Appellee, v. ERNEST E. SANDOVAL, Appellant. SYLLABUS BY THE COURT 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 pronounced from the bench after probation revocation, any original illegality no longer exists, and the new sentence is not subject…