Can a Presumptive Sentence Be Appealed?
In the criminal justice system, many defendants may wonder if they can appeal their sentence, even when it falls within the presumptive sentencing range—a range of sentences that is set by law based on the severity of the crime and the defendant’s criminal history. Kansas law has specific rules governing when a defendant can appeal a sentence, and those rules often limit a defendant’s ability to challenge a sentence that falls within the presumptive grid block. The case of State v. Shaw, Nos. 113,127 113,128 2016 WL 687656 (Kan. Ct. App. Feb. 19, 2016) directly addresses this issue.
The Central Issue: Can a Defendant Appeal a Sentence if it Falls Within the Presumptive Grid Block?
The key question in State v. Shaw was whether a defendant could appeal a sentence that was within the presumptive sentencing range under Kansas law, particularly when that sentence was based on prior convictions not proved to a jury. Kansas law, specifically K.S.A. 2015 Supp. 21-6820(c)(1), provides that if a sentence falls within the presumptive grid block, the defendant is not allowed to appeal the sentence.
Facts of the Case
The appellant in this case was charged with theft, a severity level 9 nonperson felony, due to two or more prior convictions of theft. The defendant entered a plea agreement with the State, under which the State agreed to ask for the mitigated sentence in the presumptive grid block and to request a dispositional departure to probation, which would have allowed the defendant to avoid prison time.
However, after considering the defendant’s extensive criminal history, which included several felony theft convictions, aggravated escape, burglary, and other crimes, the court decided to impose a more severe sentence. The judge sentenced the defendant to probation with 60 days of shock time (brief jail time) subject to work release, with an underlying 15-month prison sentence. The defendant then left the work release program without permission, leading to a new charge of aggravated escape from custody.
As a result, the court revoked probation and imposed the original 15-month prison sentence, and added a 9-month consecutive sentence for the aggravated escape charge. The appellant argued that his sentence was improperly increased due to prior convictions not proved to a jury beyond a reasonable doubt, but the court rejected this argument.
Kansas Law on Presumptive Sentencing
Under Kansas sentencing guidelines, crimes are categorized into severity levels, and sentences are determined by considering both the severity of the offense and the defendant’s criminal history. The result is a grid block, which provides a range of presumptive sentences for each combination of offense severity and criminal history.
According to K.S.A. 2015 Supp. 21-6820(c)(1), a defendant cannot appeal a sentence if the sentence falls within the presumptive range for the applicable grid block. This rule is intended to streamline the sentencing process and reduce the number of appeals for sentences that fall within the expected legal range for the crime and the defendant’s criminal history.
Court's Analysis and Ruling
In State v. Shaw, the appellant claimed that the district court had erred by imposing an increased sentence based on prior convictions not proved to a jury beyond a reasonable doubt. However, the appellate court concluded that the sentence imposed fell within the presumptive grid block, and as such, the defendant was barred from appealing the sentence.
The court noted that even if the district court had not relied on the defendant’s prior criminal history, the sentence would still have been within the aggravated grid block, meaning the sentence would not have exceeded the legal presumptive range. Therefore, under K.S.A. 2015 Supp. 21-6820(c)(1), the defendant was not entitled to appeal the sentence.
The Presumptive Grid Block and Criminal History
One key aspect of this case is that the presumptive grid block for sentencing in Kansas takes into account a defendant’s criminal history. In this case, the defendant’s lengthy history of theft and other felonies placed him in a grid block where the court had wide discretion to impose a sentence anywhere within the prescribed range.
Importantly, Kansas law does not require that prior convictions be proven to a jury beyond a reasonable doubt for the purposes of determining a sentence within the presumptive range. Prior convictions are treated as established facts for sentencing, and their impact on the sentence does not violate the defendant’s rights under Apprendi v. New Jersey, 530 U.S. 466 (2000), which generally requires that any fact increasing a defendant’s sentence beyond the statutory maximum must be proved to a jury. Since the sentence in Shaw was within the statutory range, this rule did not apply.
Key Takeaways from State v. Shaw
No Appeal for Sentences Within the Presumptive Range: Under Kansas law, if a sentence falls within the presumptive grid block, the defendant is generally barred from appealing the sentence. The purpose of this rule is to ensure that sentences within the legal range for a given crime are final and not subject to lengthy appeals.
Impact of Criminal History: A defendant’s criminal history is a key factor in determining the presumptive sentence. Prior convictions, even if not proven to a jury in the current case, are taken into account when calculating the presumptive grid block. Kansas law allows courts to rely on a defendant’s criminal history when imposing sentences within the presumptive range.
K.S.A. 2015 Supp. 21-6820(c)(1): This statute is crucial in cases where defendants seek to appeal their sentences. It explicitly limits the right to appeal when the sentence imposed falls within the presumptive range under Kansas sentencing guidelines.
No Requirement for Jury Proof of Prior Convictions: In determining the presumptive grid block, courts can consider a defendant’s prior convictions without requiring that these convictions be proved to a jury beyond a reasonable doubt. This does not violate the Apprendi rule, which applies only to facts that increase the sentence beyond the statutory maximum.
FAQs
Can I appeal my sentence if it falls within the presumptive sentencing range?
No, under Kansas law, if your sentence falls within the presumptive grid block, you generally cannot appeal the sentence. This is governed by K.S.A. 2015 Supp. 21-6820(c)(1).What is a presumptive sentence?
A presumptive sentence is a sentence that falls within a range determined by the Kansas Sentencing Guidelines. The range is based on the severity of the offense and the defendant’s criminal history, providing a grid block that outlines the possible sentences.Can prior convictions be used to increase my sentence without being proven to a jury?
Yes, prior convictions can be considered in determining the presumptive grid block for sentencing, and they do not need to be proven to a jury beyond a reasonable doubt. This does not violate the constitutional requirement under Apprendi v. New Jersey.What happens if I violate probation after a plea deal?
If you violate probation, as in State v. Shaw, the court may revoke probation and impose the underlying prison sentence. The court can also impose additional sentences if you commit new crimes while on probation.Can the court impose a harsher sentence if I have a lengthy criminal history?
Yes, your criminal history is a major factor in determining your presumptive sentence. If your criminal history is extensive, you may fall into a higher grid block, allowing the court to impose a harsher sentence within the legal range.Does Apprendi v. New Jersey apply to sentencing in Kansas?
Apprendi requires that any fact that increases a sentence beyond the statutory maximum must be proved to a jury. However, this rule does not apply to prior convictions or sentences that fall within the presumptive grid block.