Automated Summary
Key Facts
Christopher Hillman appealed the district court's revocation of his probation and imposition of his underlying 41-month prison sentence for indecent liberties with a child. After receiving 36 months probation with community corrections, Hillman violated probation conditions by attending a county fair despite being told he couldn't, having unsupervised contact with minors twice, and viewing pornography. Hillman did not believe he was a sex offender and didn't believe probation conditions applied to him. The district court revoked his probation and ordered him to serve his underlying sentence, finding the safety of the public was in jeopardy. Hillman argued he was entitled to intermediate sanctions before revocation, but the Court of Appeals affirmed the district court's decision, finding no abuse of discretion.
Issues
- The appellant argued the district court erred in imposing the underlying prison sentence without first imposing a 120- or 180-day intermediate sanction. The court analyzed whether K.S.A. 22-3716(c) required intermediate sanctions before revocation.
- The appellant argued he was entitled to an intermediate sanction before probation revocation for technical violations. The court determined whether the district court abused its discretion in revoking probation given the violations.
Holdings
The Court of Appeals of Kansas affirmed the district court's decision to revoke Christopher Hillman's probation and impose his underlying sentence. The court held that the district court did not abuse its discretion when revoking probation for substantive violations including unauthorized contact with minors and viewing pornography. The court also held that the district court did not err in imposing the underlying prison sentence without first imposing an intermediate sanction, as the safety of the public was in jeopardy.
Remedies
- The district court ordered Christopher Hillman to serve his underlying sentence of 41 months imprisonment with the Department of Corrections, granting credit for time served. The appellate court affirmed this decision.
- The district court revoked Christopher Hillman's probation following violations of probation conditions including unauthorized contact with minors, attending the county fair against probation officer instructions, and viewing pornography. The court found that Hillman violated his probation and the safety of the public was in jeopardy.
Legal Principles
Probation is a privilege, not a matter of right. A district court's decision to revoke probation involves two steps: (1) determining whether the probationer has violated a condition of probation, and (2) if a violation occurred, determining whether the violation warrants revocation. A court's decision to revoke probation will not be overturned absent an abuse of discretion. A district court abuses its discretion if its judicial action is arbitrary, fanciful, or unreasonable; is based on an error of law; or is based on an error of fact. Under K.S.A. 22-3716(c)(9), a court may revoke probation without previously imposing an intermediate sanction if the court finds and sets forth with particularity that the safety of members of the public will be jeopardized or the welfare of the offender will not be served by such sanction. Substantive violations of probation are an exception to the requirement for intermediate sanctions.
Precedent Name
- State v. Rojas-Marceleno
- State v. Mosher
- State v. Brown
- State v. Skolaut
- State v. Gary
Cited Statute
- Kansas Statutes allowing probation revocation without intermediate sanctions
- Kansas Statutes governing probation revocation and intermediate sanctions
- Kansas Statutes specifying intermediate sanction requirements
Judge Name
- Atcheson
- Powell, P.J.
- Pierron
Passage Text
- "The district court's decision to revoke Hillman's probation was not arbitrary, fanciful, or unreasonable. The district court did not abuse its discretion when it revoked Hillman's probation."
- "The safety of the public, this Court finds, is in jeopardy. You're a sex offender and you can't seem to follow the rules. And you don't believe you're a sex offender or that the rules apply to you, the most dangerous of criminals."
- "The court may revoke the probation, assignment to a community correctional services program, suspension of sentence or nonprison sanction of an offender pursuant to subsection (c)(1)(E) without having previously imposed a sanction pursuant to subsection (c)(1)(B), (c)(1)(C) or (c)(1)(D) if the court finds and sets forth with particularity the reasons for finding that the safety of members of the public will be jeopardized or that the welfare of the offender will not be served by such sanction."