The Kansas Supreme Court today sent back a Wyandotte County rape and sodomy case for resentencing.
In the case, Richard G. Jackson appealed his 25.8-year sentence for rape and aggravated criminal sodomy. It was a departure from Jessica's Law sentences.
Jessica's Law required a mandatory life sentence for both. There was a plea bargain involved in the case, with an agreement to depart to the grid. The Supreme Court pointed out that procedurally, the court needed to state reasons for departure from the mandatory sentence.
Another justice in a concurring opinion stated that there was some confusion at the time on what the defendant's criminal history score was. The lack of an accurate criminal history determination prior to the entry of the plea was avoidable, the justice stated.
In another Wyandotte County case, the Supreme Court affirmed a Wyandotte County decision denying Michael J. Mitchell's 1995 convictions of felony murder and possession of cocaine. The case arose from a drug deal "gone wrong," according to court documents.
The court unanimously held there was no basis for relief under the Kansas statute that was cited.