![]() The judge ordered Count 7, a misdemeanor sentence, to run consecutive to the felony sentence and Count 8, the other misdemeanor, to run concurrent with Counts 1 and 7. At sentencing, the court remanded Harper to the custody of the Secretary of Corrections for a period of 34 months for the felony conviction of aggravated battery and sentenced Harper to 12 months in the county jail for each of the misdemeanors. 21-3414(a)(B), a severity level 7 person felony, and Counts 7 and 8, assault on a law enforcement officer in violation of K.S.A. Ultimately, he entered a plea of guilty and was convicted on three counts: Count 1, aggravated battery in violation of K.S.A. Harper was originally charged with eight offenses. Harper now appeals the trial court's denial of his motion to correct illegal sentence. Applying the jail time credit to the misdemeanors results in Harper serving the majority of his sentence in prison rather than in the county jail. The trial court ordered that Harper's credit for 529 days spent incarcerated be applied to the misdemeanor sentences first, fully satisfying those sentences, and ordered that the remainder credit be applied to the felony sentence. Harper's controlling sentence was 46 months. The judge ordered one misdemeanor sentence to run consecutive to the felony sentence and the second misdemeanor sentence to run concurrent with the felony and first misdemeanor sentences. At sentencing, the judge imposed 34 months on the felony and 12 months on each misdemeanor. Harper was convicted of one count of aggravated battery, a severity level 7 person felony, and two counts of assault on a law enforcement officer, Class A misdemeanors. Sentence is vacated and remanded for resentencing. The opinion of the court was delivered by: Brazil, S.J. Stovall, attorney general, was with him on the brief for appellee. Lippert, county attorney, argued the cause, and Carla J. Turback, legal intern, of the same firm, were with him on the brief for appellant. Rork, of Rork Law Office, of Topeka, argued the cause and John A. Appeal from Nemaha district court, JOHN L. Clearly, when a felony sentence is involved, the statute requires all jail time credit established by the designated sentence begins date to be applied first to the felony sentence to compute that felony sentence and the parole eligibility and conditional release dates. That date is referred to as a sentence commence date (referred to as sentence begins date in the Kansas Sentencing Guidelines journal entry of judgment form) and must allow for the time the defendant has been incarcerated pending the disposition of his or her case. 21-4614 requires the sentencing court to designate a date for the purpose of computing the defendant's (1) sentence, (2) parole eligibility, and (3) conditional release dates. 21-4614 are mandatory and require that a criminal defendant sentenced to incarceration be given credit for all time spent in custody solely on the charge for which he is being sentenced. Under Kansas law, a judge who sentences a defendant to confinement is required to grant credit for the time which the defendant spent incarcerated pending the disposition of his or her case. That felony sentence and the parole eligibility and conditional releaseĭates." See: State v. Jail time credit must "be applied first to the felony sentence to compute ![]() 21-4614, when a felony sentence is involved, all The Kansas Court of Appeals vacated and remanded for resentencing, holding Harper petitioned the trial court to correct the illegal sentence. Resulted in Harper serving the majority of his sentence in prison rather Applying the jail time credit to the misdemeanors would have Sentences," and ordered that the remainder credit be applied to the felony The court then ordered Harper's 529 days of jail time credit "to beĪpplied to the misdemeanor sentences first, fully satisfying those Such, Harper's controlling sentence was 46 months. Running concurrent with the felony and first misdemeanor sentences. Months on the felony charge and 12 months for each of the misdemeanorĬharges, one running consecutive to the felony sentence and the other Of misdemeanor assault on a police officer. The Kansas Court of Appeals held that in cases where consecutive felonyĪnd misdemeanor sentences are imposed, jail time credits must be appliedĭennis Harper was convicted on one count of felony battery and two counts Share: Share on Twitter Share on Facebook Share on G+ Share with email ![]()
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