State v. Turner
| Decision Date | 28 August 2020 |
| Docket Number | 577,121,579,121,578,Nos. 121,s. 121 |
| Citation | 469 P.3d 1289 (Table) |
| Parties | STATE of Kansas, Appellee, v. Antonio A. TURNER, Appellant. |
| Court | Kansas Court of Appeals |
Jennifer C. Bates, of Kansas Appellate Defender Office, for appellant.
Julie A. Koon, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, for appellee.
Before Warner, P.J., Standridge and Gardner, JJ.
After Antonio Turner entered a global plea deal resolving three pending cases, the district court granted him a departure sentence and placed him on probation for 12 months. Turner violated the terms of his probation on three occasions; at each of the hearings on these violations, the district court extended his probation by 12 months from the hearing date. Turner appeals the latest of these extensions, arguing the district court abused its discretion in extending his probation and imposing a requirement to complete residential drug treatment. Because the district court did not abuse its discretion, we affirm.
In three separate cases, the State charged Turner with numerous offenses, including two counts of possession of cocaine, possession of PCP, obstruction, fleeing or attempting to elude a law enforcement officer, driving under the influence, two counts of possession of marijuana, two counts of driving on a suspended license, driving without insurance, driving without a license plate or registration, and failure to signal lane change. Turner entered a global plea, and the district court sentenced him to a prison term of 34 months on the first case, 12 months on the second, and 34 months on the third, running consecutively for a controlling sentence of 80 months' imprisonment. The district court then suspended Turner's sentence and granted his motion for a downward dispositional departure, placing him on probation for 12 months.
Over the course of the next year and a half, the district court held three hearings on Turner's violations of the terms of his probation. On June 6, 2018, the court issued a warrant alleging Turner had not obtained employment and had failed a drug test for marijuana. Turner admitted to the violations. After Turner served a 2-day jail sanction, the court extended his probation by 12 months and ordered him to complete residential drug treatment.
On March 5, 2019, the court ordered Turner to appear based on the State's allegation that he had failed to pay his court costs. Another probation violation hearing was held on April 23, 2019; Turner admitted to failing to pay his court costs, and the court again extended his probation by 12 months from that date. At that hearing, the district court noted that Turner's probation officer would have the ability to set the frequency of his reporting requirements—stating "if he thinks you need to start reporting less, that will be something that he can change." The court also noted that it would consider terminating Turner's probation early if he paid off the costs and fees.
On May 8, 2019, the court issued another warrant, alleging that Turner had again failed a drug test, this time for both marijuana and alcohol. At the hearing on these violations, Turner explained that he only violated the terms of his probation because he had mistakenly believed that he was no longer on probation—or was on nonreporting probation—and thought he was simply required to pay his court costs. But Turner ultimately admitted to the violation. Now more than a year past his original sentencing date, Turner asked the court to order a jail sanction with credit for time served, with no extension of his probation. Instead, the court extended Turner's...
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