State v. Johnson, 58286
| Decision Date | 28 March 1986 |
| Docket Number | No. 58286,58286 |
| Parties | STATE of Kansas, Appellee, v. Henry O. JOHNSON, Appellant. |
| Court | Kansas Supreme Court |
Syllabus by the Court
1. A sentence which is within the statutory limits as set forth by the legislature will not be disturbed on appeal in the absence of special circumstances showing an abuse of discretion.
2. The discretion in imposing sentences which is lodged with a court is not a boundless, but a judicial, discretion. It is a discretion limited to sound judgment to be exercised, not arbitrarily, but with regard to what is right and equitable under the circumstances and the law. In the exercise of this judicial discretion, the judge is not restricted to imposing a sentence no greater than that previously imposed upon a codefendant by another judge.
Wendell Betts, Topeka, for appellant.
Sue Carpenter, Asst. Dist. Atty., argued, and Gene M. Olander, Dist. Atty., and Robert T. Stephan, Atty. Gen., with her on brief, for appellee.
Henry O. Johnson was convicted of murder in the first degree (K.S.A. 21-3401) and aggravated robbery (K.S.A. 21-3427) upon his pleas of nolo contendere. In this direct criminal appeal, defendant contends the disparity between the sentences imposed upon him and the sentences imposed upon his codefendant constitutes an abuse of judicial discretion.
The pertinent facts and procedural history are summarized as follows. On August 14, 1984, Carl J. Baldwin died near the Kansas Avenue Bridge in Topeka after having been stabbed some 65 times. He had been robbed of approximately $14.00. Defendant and Elmer E. Barncord were charged with the first-degree murder and aggravated robbery of Mr. Baldwin. Codefendant Barncord was found guilty of these crimes in a jury trial. Barncord was sentenced to life imprisonment on the murder conviction and fifteen years to life on the robbery conviction with the terms to run concurrently. Defendant was convicted of the same two crimes on his pleas of nolo contendere. Defendant was sentenced to life imprisonment on the murder charge and ten to twenty years on the robbery charge with the terms to run consecutively. The net result of the running of the Barncord sentences concurrently and the running of the defendant's sentences consecutively is that Barncord will be eligible for parole after serving fifteen years while defendant will not be eligible for parole until he has served twenty-two years (assuming no intervening circumstances alter the parole eligibility status of either of the two individuals). For purposes of appeal, it is conceded both Barncord and defendant have comparable prior records and histories. The jury trial and sentencing of Barncord occurred prior to the entry of pleas by and the sentencing of defendant, and all the Barncord proceedings were under a district judge other...
To continue reading
Request your trial
-
State v. Davis, 69477
...the same offenses. See Bailey, 251 Kan. 527, 834 P.2d 1353; State v. Stallings, 246 Kan. 642, 792 P.2d 1013 (1990); State v. Johnson, 239 Kan. 124, 716 P.2d 192 (1986); State v. Goering, 225 Kan. 755, 594 P.2d 194 (1979). In Bailey and Goering, this court found abuse of discretion in senten......
-
State v. Webb
...except in special circumstances showing abuse of discretion, set aside a sentence which is within statutory limits. State v. Johnson, 239 Kan. 124, 125, 716 P.2d 192 (1986). K.S.A.1986 Supp. 21-4601 states the objectives of the corrections system, but does not require the sentencing court t......
-
State v. Barncord, 57842
...Henry Johnson was convicted of first-degree murder and aggravated robbery upon his pleas of nolo contendere. See State v. Johnson, 239 Kan. 124, 716 P.2d 192 (1986). The black-handled knife was marked as defendant's Exhibit No. 1 and on cross-examination, the coroner testified either knife,......
-
State v. Harrold, 58716
...on the second offense. Without discussing jurisdiction, we considered the merits of the appeal and affirmed. Next came State v. Johnson, 239 Kan. 124, 716 P.2d 192 (1986). Johnson was convicted of first-degree murder and aggravated robbery upon his pleas of nolo contendere. He took a direct......