Case Number: 116,206

Judge: Tom Malone

Court: IN THE COURT OF APPEALS OF THE STATE OF KANSAS

Plaintiff's Attorney: Submitted by the parties for summary disposition

Defendant's Attorney: Submitted by the parties for summary disposition

Description: In March 2014, Coates pled guilty to possession of methamphetamine and fleeing or attempting to elude law enforcement. The district court sentenced him to 24 months' probation with an underlying 30-month prison sentence. In July 2014, the State filed a motion to revoke Coates' probation. At the revocation hearing, Coates admitted that he
left Kansas and committed a new crime in Iowa. He asked the district court for a sanction and reinstatement of his probation. Finding that Coates had absconded and committed a new crime while on probation, the district court revoked his probation and imposed the underlying prison sentence.

On appeal, Coates argues that the district court abused its discretion by revoking his probation and imposing the underlying prison sentence, even though sanctions remained a viable alternative. But he acknowledges that a district court may impose an underlying sentence without first administering sanctions if the probationer absconds from supervision or commits a new crime. See K.S.A. 2016 Supp. 22-3716(c)(8). His admission that he left Kansas and committed a new crime in Iowa gave the district court discretion to revoke his probation. See State v. Gumfory, 281 Kan. 1168, Syl. ¶ 1, 135 P.3d 1191 (2006) (district court has discretion to revoke defendant's probation if defendant has violated his or her probation).

Outcome: