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271 Kan. 725

26 P.3d 58

State v. McKay

Supreme Court of Kansas

Decided July 13, 2001

Supreme Court of Kansas · decided 2001-07-13

Cited by 52 later decisions — most recently August 2019 · most notably State v. Spencer (2011), State v. Seward (2009)

52 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2001-07-13

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Larson, J.,

¶1dissenting: While the trial court might have been, more expansive in enumerating the reasons for imposing an upward dispositional departure in this case, I would hold the reasons given constitute substantial and compelling reasons to depart. The trial judge was benefitted by the presence of the defendant and determined that “Mr. McKay’s attitude toward the seriousness of this offense, his intentional missing of a court date, indicate he’s not a candidate for probation. He’s not subject to rehabilitation at this point in time.” These findings were made after the defendant *732had deliberately and intentionally failed to make a court appearance where he was to be sentenced.

¶2The Court of Appeals’ majority opinion and our major ■Lv here seem to approve of absconding from the jurisdiction if it is only for a limited period of time of from 45 days to 2 months. I find this reasoning questionable. This is a sentencing matter better left to a sentencing judge whose evaluation of the defendant is based on a closer contact and a better view of the situation than an appellate court. I would affirm the trial court and dissent from the majority herein.

McFarland, C.J., and Abbott, J., join the foregoing dissenting opinion.
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