History:
L. 2006, ch. 212, § 1; L. 2009, ch. 70, § 3; L. 2010, ch. 109, § 17; Repealed, L. 2011, ch. 30, § 288; July 1.
CASE ANNOTATIONS
1. "Prior conviction event" and "within a single count" in K.S.A. 21-4642 construed and applied. State v. Trautloff, 289 Kan. 793, 217 P.3d 15 (2009).
2. Sentence imposed under K.S.A. 21-4642 is vacated and the case is remanded for resentencing under K.S.A. 21-4704 for a defendant convicted of rape and with one prior rape conviction. State v. Turner 293 Kan. 1085, 272 P.3d 19 (2012).
3. Conviction in a single case of multiple counts, even involving multiple victims, constitutes only one "conviction event" under section. State v. Lewis, 299 Kan. 828, 859, 326 P.3d 387 (2014).
State v. Weber, 304 P.3d 1262 (Kan. 2013). · cites it 23דWeber was sentenced to two terms of life in prison without parole as an aggravated habitual sex offender, pursuant to K.S.A. 2009 Supp. 21-4642. On appeal, he claims that (1) Iris convictions for rape and attempted rape are multiplicitous, in violation of the Double Jeopardy…”
State v. Turner, 272 P.3d 19 (Kan. 2012). · cites it 20דAt sentencing, the district court classified Turner as an aggravated habitual sex offender based on his record of sexually violent crimes and sentenced him to life imprisonment without parole for the rape and aggravated criminal sodomy convictions under K.S.A. 21-4642. The court…”
State v. Trautloff, 217 P.3d 15 (Kan. 2009). · cites it 7דA review of the legislative minutes relating to the enactment of K.S.A. 21-4642 in 2006 reveals no discussion of section (c)(2).”
State v. Lewis, 326 P.3d 387 (Kan. 2014). · cites it 8דHe was sentenced to five life imprisonment sentences as an aggravated habitual sex offender under K.S.A. 2009 Supp. 21-4642 based on his prior convictions for sexually violent crimes in Geary County.”
State v. Reyna, 234 P.3d 761 (Kan. 2010). · cites it 2דExcept as provided in K.S.A. 2006 Supp. 21-4642, and amendments thereto, the sentence shall be imprisonment for life pursuant to K.”
State v. Greene, 329 P.3d 450 (Kan. 2014). · cites it 5ד21-4704(j), rather than as an aggravated habitual sex offender under K.S.A. 21-4642. Because we resolved this issue in Greene’s favor in Turner , we vacate Greene’s sentence and remand for resentencing.”
State v. Boysaw, 439 P.3d 909 (Kan. 2019). “21-6626, which imposes mandatory life sentences without the possibility of parole on aggravated sex offenders, violates the federal constitutional right to trial by a jury because a judge, not a jury, decides whether a defendant has been convicted of two or more sexually violent…”
State v. Dickey, 350 P.3d 1054 (Kan. 2015). “The court stated: “The legal question of whether [the defendant’s] admitted criminal history was sufficient to meet the requirements of K.S.A. 2009 Supp. 21-4642(c)(l)(B), so as to define him as an aggravated habitual sex offender subject to enhanced sentencing, “ ‘must rest…”
State v. Bowen, 323 P.3d 853 (Kan. 2014). “See K.S.A. 2010 Supp. 21-4642. It sentenced Bowen to life imprisonment without the possibility of parole for one rape conviction and concurrent 155-month prison terms for the other three convictions.”
State v. Gonzales, 212 P.3d 215 (Kan. 2009). “and amendments thereto, if the offender is 18 years of age or older and the victim is under 14 years of age, such violations are off-grid crimes for the purposes of sentencing.”
State v. Bello, 211 P.3d 139 (Kan. 2009). “Except as provided in K.S.A. 21-4642, and amendments thereto, the sentence shall be imprisonment for life pursuant to K.”
State v. Morningstar, 213 P.3d 1045 (Kan. 2009). “Except as provided in K.S.A. 21-4642, and amendments thereto, the sentence shall be imprisonment for life pursuant to K.”
State v. Weber, 304 P.3d 1262 (Kan. 2013). “Weber was sentenced to two terms of life in prison without parole as an aggravated habitual sex offender, pursuant to K.S.A. 2009 Supp. 21-4642. On appeal, he claims that (1) Iris convictions for rape and attempted rape are multiplicitous, in violation of the Double Jeopardy…”
State v. Trautloff, 217 P.3d 15 (Kan. 2009). “A review of the legislative minutes relating to the enactment of K.S.A. 21-4642 in 2006 reveals no discussion of section (c)(2).”
State v. Lewis, 326 P.3d 387 (Kan. 2014). “He was sentenced to five life imprisonment sentences as an aggravated habitual sex offender under K.S.A. 2009 Supp. 21-4642 based on his prior convictions for sexually violent crimes in Geary County.”
— K.S.A. § 21-4642(c) — 3 cases
State v. Turner, 272 P.3d 19 (Kan. 2012). “At sentencing, the district court classified Turner as an aggravated habitual sex offender based on his record of sexually violent crimes and sentenced him to life imprisonment without parole for the rape and aggravated criminal sodomy convictions under K.S.A. 21-4642. The court…”
State v. Trautloff, 217 P.3d 15 (Kan. 2009). “A review of the legislative minutes relating to the enactment of K.S.A. 21-4642 in 2006 reveals no discussion of section (c)(2).”
State v. Lewis, 326 P.3d 387 (Kan. 2014). “He was sentenced to five life imprisonment sentences as an aggravated habitual sex offender under K.S.A. 2009 Supp. 21-4642 based on his prior convictions for sexually violent crimes in Geary County.”
— K.S.A. § 21-4642(c)(3) — 1 case
State v. Turner, 272 P.3d 19 (Kan. 2012). “At sentencing, the district court classified Turner as an aggravated habitual sex offender based on his record of sexually violent crimes and sentenced him to life imprisonment without parole for the rape and aggravated criminal sodomy convictions under K.S.A. 21-4642. The court…”
— K.S.A. § 21-4642(c)(3)(A) — 2 cases
State v. Lewis, 326 P.3d 387 (Kan. 2014). “He was sentenced to five life imprisonment sentences as an aggravated habitual sex offender under K.S.A. 2009 Supp. 21-4642 based on his prior convictions for sexually violent crimes in Geary County.”
State v. Weber, 304 P.3d 1262 (Kan. 2013). “Weber was sentenced to two terms of life in prison without parole as an aggravated habitual sex offender, pursuant to K.S.A. 2009 Supp. 21-4642. On appeal, he claims that (1) Iris convictions for rape and attempted rape are multiplicitous, in violation of the Double Jeopardy…”
State v. Weber, 304 P.3d 1262 (Kan. 2013). “Weber was sentenced to two terms of life in prison without parole as an aggravated habitual sex offender, pursuant to K.S.A. 2009 Supp. 21-4642. On appeal, he claims that (1) Iris convictions for rape and attempted rape are multiplicitous, in violation of the Double Jeopardy…”
— K.S.A. § 21-4642(c)(3)(M) — 1 case
State v. Weber, 304 P.3d 1262 (Kan. 2013). “Weber was sentenced to two terms of life in prison without parole as an aggravated habitual sex offender, pursuant to K.S.A. 2009 Supp. 21-4642. On appeal, he claims that (1) Iris convictions for rape and attempted rape are multiplicitous, in violation of the Double Jeopardy…”
— K.S.A. § 21-4642(c)(l) — 4 cases
State v. Turner, 272 P.3d 19 (Kan. 2012). “At sentencing, the district court classified Turner as an aggravated habitual sex offender based on his record of sexually violent crimes and sentenced him to life imprisonment without parole for the rape and aggravated criminal sodomy convictions under K.S.A. 21-4642. The court…”
State v. Weber, 304 P.3d 1262 (Kan. 2013). “Weber was sentenced to two terms of life in prison without parole as an aggravated habitual sex offender, pursuant to K.S.A. 2009 Supp. 21-4642. On appeal, he claims that (1) Iris convictions for rape and attempted rape are multiplicitous, in violation of the Double Jeopardy…”
State v. Trautloff, 217 P.3d 15 (Kan. 2009). “A review of the legislative minutes relating to the enactment of K.S.A. 21-4642 in 2006 reveals no discussion of section (c)(2).”
State v. Lewis, 326 P.3d 387 (Kan. 2014). “He was sentenced to five life imprisonment sentences as an aggravated habitual sex offender under K.S.A. 2009 Supp. 21-4642 based on his prior convictions for sexually violent crimes in Geary County.”
— K.S.A. § 21-4642(c)(l)(B) — 2 cases
State v. Weber, 304 P.3d 1262 (Kan. 2013). “Weber was sentenced to two terms of life in prison without parole as an aggravated habitual sex offender, pursuant to K.S.A. 2009 Supp. 21-4642. On appeal, he claims that (1) Iris convictions for rape and attempted rape are multiplicitous, in violation of the Double Jeopardy…”
State v. Dickey, 350 P.3d 1054 (Kan. 2015). “The court stated: “The legal question of whether [the defendant’s] admitted criminal history was sufficient to meet the requirements of K.S.A. 2009 Supp. 21-4642(c)(l)(B), so as to define him as an aggravated habitual sex offender subject to enhanced sentencing, “ ‘must rest…”
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