State v. Bowers, 721 P.2d 268 (Kan. 1986)

Cases | State v. Bowers, 721 P.2d 268 (Kan. 1986) | 2018

The defendant was convicted of aggravated battery against a law enforcement officer. The trial court sentenced the defendant to both imprisonment and restitution. On appeal, the defendant claimed that he was sentenced to imprisonment and ordered to pay immediate restitution in violation of Kan. Stat. Ann. § 21-4603. The supreme court held that a trial court may not sentence a the defendant to imprisonment in an institution and also require immediate payment of restitution. At sentencing, the trial court may specify the amount and recipient of restitution to be paid by the defendant, with that information to be used by the Kansas Adult Authority in the event that it orders parole. The trial court’s restitution order was not advisory pursuant to Kan. Stat. Ann. § 22-3717. Rather, the order of immediate restitution rendered the defendant’s sentence illegal. If the sentencing court chose to set restitution, it should clearly specify in the journal entry that the amount and manner of restitution was not immediate, but that said information was being provided for the benefit of the Kansas Adult Authority.