State v. Post, 112 P.3d 116 (Kan. 2005)

Cases | State v. Post, 112 P.3d 116 (Kan. 2005) | 2018

The defendant was convicted of aggravated indecent liberties with a child, attempted aggravated indecent solicitation of a child, and felony obstruction of official duty. The trial court ordered that he serve 73 months in prison and that he have no contact with the victim, witnesses, or the victim’s mother. The defendant moved to allow visits from the victim’s mother during incarceration, referring to her as his common-law wife. The trial court denied the motion. The appellate court held that the trial court had authority to combine incarceration with the no-contact order. Though the defendant’s sentence was incarceration and not probation, Kan. Stat. Ann. § 4603d(a)(11) allowed the trial court to impose any appropriate combination of § 4603d(a)(1) and § 4603d(a)(3). The appellate court emphasized that its holding was confined to the particular facts of the case. A police officer testified that the victim’s mother was uncooperative, and the defendant violated the trial court’s no-contact order while awaiting trial. It was obvious that the trial court’s decision to impose the no-contact order during incarceration was to protect the victim and his brother from the defendant.