State v. McNaught, 713 P.2d 457 (Kan. 1986)

Cases | State v. McNaught, 713 P.2d 457 (Kan. 1986) | 2018

The defendant was convicted of vehicular homicide and driving under the influence of alcohol. Without placing the defendant on probation, the trial court ordered him to pay restitution and to participate in a treatment program. On appeal, the defendant claimed that the sentence was illegal. The supreme court held that the trial court erred in ordering imprisonment, fines, restitution, and in imposing other conditions. The court cited a prior case holding that the trial court may not sentence a the defendant to imprisonment in an institution and also require payment of restitution. If the trial court chose to resentence the defendant, it had authority to parole him from a portion of the sentence at a future date and to impose appropriate conditions including restitution.