State v. Nelson, 011521 KSCA, 122, 029

Docket Nº:122, 029
Opinion Judge:PER CURIAM:
Party Name:State of Kansas, Appellee, v. Vanessa S. Nelson, Appellant.
Attorney:Jacob Nowak, of Kansas Appellate Defender Office, for appellant. Lesley A. Isherwood, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, for appellee.
Judge Panel:Before Buser, P.J., Atcheson, J., and Burgess, S.J.
Case Date:January 15, 2021
Court:Court of Appeals of Kansas

State of Kansas, Appellee,

v.

Vanessa S. Nelson, Appellant.

No. 122, 029

Court of Appeals of Kansas

January 15, 2021

NOT DESIGNATED FOR PUBLICATION

Appeal from Sedgwick District Court; Seth L. Rundle, judge.

Jacob Nowak, of Kansas Appellate Defender Office, for appellant.

Lesley A. Isherwood, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, for appellee.

Before Buser, P.J., Atcheson, J., and Burgess, S.J.

MEMORANDUM OPINION

PER CURIAM:

Vanessa Nelson pled guilty to a felony and two misdemeanor charges. The district court imposed consecutive sentences, suspended them, and granted probation. After Nelson's second probation violation, the court applied a bypass provision to revoke her probation and imposed her suspended prison sentence. She has since finished serving her felony prison sentence. Nelson argues on appeal that the district court failed to state with particularity the grounds for bypassing an intermediate sanction. Finding no error, we affirm.

Factual and Procedural Background

Based on an incident in late August 2017, the State charged Vanessa Nelson with two misdemeanors-assault and theft-and a felony for making false information. Nelson pled guilty to the three charges pursuant to a plea agreement, and the district court accepted the plea. In February 2019, the court sentenced her to a 17-month prison term for the felony and a collective 13-month jail term for assault and theft, with all sentences running consecutively and 12 months' postrelease supervision. The court then suspended the sentence and imposed 18 months of probation. In late April 2019, she was placed in a community corrections residential program.

Nelson's intensive supervision officer (ISO) reported two probation violations. In early May, Nelson threatened another program member. She did not contest the violations at the subsequent hearing. After the court discussed various options, including having her serve a modified sentence, Nelson asked to be returned to the residential program. The court imposed a three-day jail sanction and, thereafter, Nelson was returned to community corrections.

In July 2019, Nelson's ISO filed a second probation violation alleging she engaged in assaultive behavior and left the program facility without permission. At the September evidentiary hearing, the State dismissed the assaultive behavior allegation but produced evidence that Nelson took her belongings from a locker, said, "I'm out of here," and left without permission. The court found she violated her probation by leaving the facility, revoked her probation, and imposed her underlying sentence, stating, "Probation has not gone well, and I do not believe that, Ms. Nelson, that you're going to be able to successfully complete probation." In its journal entry, the court noted it revoked Nelson's probation under K.S.A. 2019 Supp. 22-3716(c)(7) (previously codified under K.S.A. 2017 Supp. 22-3716[c][9][A]) because she posed a public safety risk and probation would not serve her welfare. It explained that Nelson "is disruptive in...

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