(Download) "State v. Babcock" by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Babcock
- Author : Supreme Court of Kansas
- Release Date : January 14, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The opinion of the court was delivered by Raymond D. Babcock was convicted of burglary (K.S.A. 21-3715), although the briefs of the parties refer to the offense as being theft (K.S.A. 21-3701). The disposition of the case is summarized in chronological order as follows: (1) October 4, 1977, defendant received a 1 to 10 sentence; (2) January 19, 1978, sentence was suspended and defendant was placed on probation with special conditions relative to transitionary stay at the Topeka Halfway House; (3) September 15, 1978, defendant's probation was revoked and original sentence was reinstated, with defendant to receive credit for time spent in custody; and (4) January 4, 1979, court ordered credit to include time spent in the Halfway House. There is no dispute that defendant should receive credit for all time spent in jail and in the Kansas Reception and Diagnostic Center (K.R.D.C.). The propriety of the Halfway House credit is the sole issue on appeal by the State, based on a question reserved. The issue before us divides into two questions. The first is whether K.S.A. 21-4614 mandates the inclusion of the Halfway House time as credit on the sentence. The second question is whether, if such credit is not statutorily mandated, the trial court had discretion to grant it. We will first determine the question of whether such credit is mandated by the statute.