Date: 09-06-2024

Case Style:

State of Kansas v. Tony M. Payne

Case Number: 126,303

Judge: Bruce G. Brown

Court: District Court, Sedgwick County, Kansas

Plaintiff's Attorney: Sedgwick County Kansas District Attorney's Office

Defendant's Attorney:

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Description:

Wichita, Kansas aggravated assult criminal defense lawyer represented the Defendant.

Tony M. Payne appeals the revocation of his probation and imposition of his underlying sentence. We granted Payne's motion for summary disposition under Kansas Supreme Court Rule 7.041A (2024 Kan. S.Ct. R. at 48). Finding no error, we affirm.

In 2018, Payne pleaded guilty to two counts of aggravated assault. His criminal history score was A, the highest classification. The district court sentenced him to 13 months' imprisonment and ordered him to comply with the Kansas Offender Registration Act (KORA), K.S.A. 22-4901 et seq.

But in September 2022, the State alleged that Payne failed to comply with his KORA registration requirements. Payne pleaded guilty as charged. The district court granted his dispositional departure motion, sentenced Payne to 46 months' imprisonment, and then granted him 24 months of probation.

Within several months, two warrants were issued: one alleged that Payne had failed to report to his probation officer and the second alleged that Payne had committed a new offense-obstruction of a felony warrant-by providing a false name to law enforcement. So in May 2023, the district court held a probation violation hearing. There, Payne admitted he had failed to report and had committed a new offense by giving a false name to law enforcement. The district court thus found Payne had violated his probation. As a result, it revoked Payne's probation and ordered him to serve his underlying sentence of 46 months' imprisonment.

Outcome: Affirmed.

State v. Payne, 126,303 (Kan. App. Sep 06, 2024)

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