State v. Lovelace, 124,575

CourtCourt of Appeals of Kansas
Writing for the CourtPER CURIAM
PartiesState of Kansas, Appellee, v. Adam Shane Lovelace, Appellant.
Docket Number124,575
Decision Date02 September 2022

State of Kansas, Appellee,
v.

Adam Shane Lovelace, Appellant.

No. 124,575

Court of Appeals of Kansas

September 2, 2022


NOT DESIGNATED FOR PUBLICATION

Appeal from Wyandotte District Court; WESLEY K. GRIFFIN, judge.

Submitted by the parties for summary disposition pursuant to K.S.A. 2021 Supp. 21-6820(g) and (h).

Before HURST, P.J., HILL and ATCHESON, JJ.

MEMORANDUM OPINION

PER CURIAM

Adam Shane Lovelace appeals his sentence for aggravated battery. We must dismiss his appeal for lack of jurisdiction.

Lovelace agreed with the State to plead no contest to aggravated battery if all other charges were dismissed. The parties agreed to recommend a downward durational departure of 53 months in prison. At the time, the parties believed Lovelace's criminal history score was C. It turns out that his criminal history score was B.

At sentencing, Lovelace cited his acceptance of responsibility for the crime as a substantial and compelling reason to depart. The court recognized that Lovelace

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prevented his victim from having to testify at a jury trial and found it was a substantial and compelling reason to depart. The court sentenced Lovelace to 53 months in prison in accordance with the plea agreement.

Lovelace appeals this sentence, arguing that the district court abused its discretion by failing to provide a more substantial departure. We have granted Lovelace's motion for summary disposition of his appeal under Supreme Court Rule 7.041A (2022 Kan. S.Ct. R. at 48).

One statute controls here. K.S.A. 2021 Supp. 21-6820(c) says, "[o]n appeal from a judgment of conviction entered for a felony committed on or after July 1, 1993, the appellate court shall not review: . . . (2) any sentence resulting from an agreement between the state and the defendant which the sentencing court approves on the record." Lovelace entered a plea agreement with the State and received the exact sentence contemplated by the agreement.

But because Lovelace received a departure sentence, K.S.A. 2021 Supp. 21-6820(a) comes into play. It says, "[a] departure sentence is subject to appeal by the defendant or the state. The appeal shall be to the appellate courts in accordance with rules adopted by the supreme court."

In State v. Looney, 299 Kan. 903, Syl. ¶ 4, 327 P.3d 425 (2014), our Supreme Court held that appellate courts have jurisdiction over the appeal of a defendant's departure sentence unless a more specific provision divests the court...

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