Supreme Court of Kansas· 3/18/2011

State v. Spencer

Citations

248 P.3d 256
291 Kan. 796
2011 Kan. LEXIS 116

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that balancing of mitigating and aggravating factors is implied in K.S.A. 21-4716 [now K.S.A. 2015 Supp. 21-6815]
noting that balancing of mitigating and aggravating factors is implied in K.S.A. 21-4716 [now K.S.A. 2015 Supp. 21-6815]
noting legislative intent to punish and incapacitate offenders and that unlike other sentencing statutes, which permit upward and downward departures, a life sentence is a maximum sentence with no place to depart but down
approving the practice of converting a Jessica's Law sentence to the grid by placing it at the severity level dictated by the crime-defining statute less the element of the defendant's and victim's age disparity when departing from the mandatory sentence under K.S.A. 21-4643(d
when record supports articulated departure reasons, this court reviews whether particular mitigating factor constituted substantial and compelling reason to depart for abuse of discretion
court free to use the same mitigating factors to justify both a departure from life sentence and from guidelines sentence

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Judges: Beier

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4 cases in this archive cite this case.

Cites

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