State of Kansas v. Stephen Levi Bennett

Emporia, Kansas criminal defense lawyer represented the Defendant charged with felony use of a weapon to commit and crime.



The defendant was accused of violating the terms and conditions of parole and an application to revoke his parole and that he be sentenced to serve the underlying sentence of 10 months is prison.



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CRIMINAL LAW. PROBATION REVOCATION. The case addresses whether a district court abused its discretion in revoking the defendant's probation and ordering him to serve his underlying prison sentence, following multiple probation violations and intermediate sanctions.



CRIMINAL PROCEDURE. JUDICIAL DISCRETION. The court considered the standards for determining an abuse of discretion in the context of probation revocation, highlighting that such abuse occurs if a decision is arbitrary, based on an error of law, or an error of fact.



CRIMINAL PROCEDURE. GRADUATED SANCTIONS. The case examines the application and statutory requirement of imposing intermediate sanctions before probation revocation, and whether the district court appropriately followed these procedures.



EVIDENTIARY BURDEN. PROBATION HEARING. The court evaluated whether the State met its burden of proving probation violations by a preponderance of the evidence at the revocation hearing.

Key Phrases Felony criminal use of a weapon. Probation violations. Probation revocation hearing. Judicial discretion abuse. Imposing underlying sentence.

Affirmed