State of Kansas v. Juan Guzman, II

Wichita, Kansas, criminal defense lawyer represented the Defendant charged with aggravated assault.<br>
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In November 2023, Guzman pleaded guilty to aggravated assault in exchange for the dismissal of a criminal threat charge. Under the plea agreement, the State also agreed to recommend that Guzman be sentenced using the midrange term in the appropriate Kansas Sentencing Guidelines grid box, the sentence imposed would run consecutive to any other case, and the State agreed not to object to a dispositional departure to probation.<br>
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The district court followed the plea agreement at sentencing by imposing an underlying 32-month prison sentence based on his A criminal history score and then granting a dispositional departure to a 24-month probation term. As part of the probation conditions, the court also ordered Guzman to complete an application for the Veteran's Treatment Court program with the expectation that his probation supervision would transfer to that program if accepted.<br>
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About three weeks after sentencing, the State filed a warrant alleging Guzman had violated his probation in several ways. Guzman stipulated to the violations at a hearing on the motion, admitting to incident reports showing that he was highly intoxicated at the Robert J. Dole VA Medical Center and told to leave, and another incident report showing he was intoxicated on a separate occasion. Guzman also admitted he failed to report to his supervising probation officer.<br>
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Legal issue Can a district court revoke probation and impose a modified prison sentence without an intermediate sanction after a dispositional departure due to probation violations involving substance abuse?<br>
Headnote<br>
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CRIMINAL LAW. PROBATION VIOLATION AND REVOCATION. The case addresses an appeal from a district court's decision to revoke probation and impose a modified prison sentence following the appellant's stipulated probation violations, despite the appellant's argument for an intermediate sanction to address underlying substance abuse issues.<br>
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CRIMINAL PROCEDURE. DISCRETIONARY REVOCATION OF PROBATION. The appellate court examined whether the district court abused its discretion in revoking probation without imposing intermediate sanctions, under the exception provided for probation granted via dispositional departure.<br>
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Key Phrases Probation revocation. Modified prison sentence. Dispositional departure. Substance abuse issues. Abuse of discretion.

Afirmed