(Download) "State v. Johnson" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Johnson
- Author : Supreme Court of Kansas
- Release Date : January 15, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The opinion of the court was delivered by The defendant, Robert D. Johnson, appeals from his sentence of
15 years to life imposed following his Alford plea to
aggravated criminal sodomy in violation of K.S.A. 21-3506(b). A
plea entered pursuant to North Carolina v. Alford, 400 U.S. 25,
27 L.Ed.2d 162, 91 S.Ct. 160 (1970), is a plea of guilty to the
charge without admitting to the commission of the offense. He
contends that he was provided no opportunity by the court to
speak before sentence was imposed; that he requested but was
sentenced without the benefit of a mental health evaluation; and
that the court failed to consider his individual characteristics,
circumstances, and needs in sentencing him to a maximum sentence
of 15 years to life. Finding no reversible error, we affirm. The defendant initially was charged with two counts of
aggravated criminal sodomy, two counts of attempted aggravated
criminal sodomy, one count of indecent liberties with a child,
and one count of aggravated indecent solicitation of a child.
These charges arose out of events that occurred from July 1,
1991, through March 1, 1992, between the defendant and a
nine-year-old boy. The defendant waived preliminary examination,
was bound over for trial, and entered an Alford plea of guilty
to Count 1, aggravated criminal sodomy. This was accomplished
through plea negotiations and, pursuant to the plea agreement,
the State dismissed all other counts and recommended a sentence
of 12 years to life. The court imposed the maximum sentence of 15
years to life.