(Download) "State v. Arculeo" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: State v. Arculeo
- Author : Supreme Court of Kansas
- Release Date : January 24, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The opinion of the court was delivered by The defendant, Scott M. Arculeo, appeals from the trial court's prison sentence, claiming that the Kansas Sentencing Guidelines Act requires the imposition of a nonprison sanction. The Court of Appeals affirmed the trial court's decision that a prison sentence was the appropriate disposition because the defendant had committed his present crime while on conditional release under the provisions of K.S.A. 21-4603d(a). State v. Arculeo, 22 Kan. App. 2d 91, 911 P.2d 818 (1996). We granted the defendant's petition for review. The facts in this case are undisputed and are set forth in the Court of Appeals' opinion. On May 5, 1994, the defendant was charged in Lyon County with felony auto theft, K.S.A. 21-3701, a severity level 9 nonperson felony. Pursuant to a plea agreement, the defendant pled guilty to attempted felony theft, K.S.A. 21-3301 and K.S.A. 21-3701, a severity level 10 nonperson felony. The parties stipulated to a criminal history category of E, which calls for a prison sentence of 7 to 9 months with a presumptive 24-month nonprison sanction under the Kansas Sentencing Guidelines Act. See K.S.A. 21-4701 et seq.