State v. Sims, 887 P.2d 72 (Kan. 1994)

Cases | State v. Sims, 887 P.2d 72 (Kan. 1994) | 2018

The defendant pled guilty to aggravated criminal sodomy, indecent liberties with a child, and sexual battery. On appeal, the defendant claimed that the trial court’s failure to order a hearing on his motion to modify violated Kan. Stat. Ann. § 74-7335 because the statute expressly defines a motion to modify hearing as a “public hearing” and the defendant had a right to a hearing because the victim had a right to be present at a “public hearing.” The supreme court found that the defendant misinterpreted the statute. The statute gives the crime victim the right to be present only in proceedings where an accused or convicted person has a right to be present. A the defendant has no right to a hearing on the issue of modification of sentence. If a hearing had been conducted and the defendant had been present, the victims would have had a right to be present under § 74-7335. However, the statute did not mandate a hearing.