State v. Hackler

898 P.2d 1175, 21 Kan. App. 2d 289, 1995 Kan. App. LEXIS 108
CourtCourt of Appeals of Kansas
DecidedJune 30, 1995
DocketNo. 73,017
StatusPublished

This text of 898 P.2d 1175 (State v. Hackler) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hackler, 898 P.2d 1175, 21 Kan. App. 2d 289, 1995 Kan. App. LEXIS 108 (kanctapp 1995).

Opinion

Malone, J.:

Ronald E. Hackler, defendant, appeals the district court’s denial of his motion to convert his sentence under the Kansas Sentencing Guidelines Act (KSGA). The issue before us is whether inmates with crimes classified in grid blocks 3-H or 3-1 of the drug grid are always eligible for conversion.

The facts of this case are not in dispute. Following a bench trial on stipulated facts, the defendant was found guilty of possession of marijuana with intent to sell, a class C felony, and possession of marijuana without a tax stamp, an unclassified felony. The defendant possessed 21,772 grams or approximately 47 pounds of marijuana. On March 1, 1993, the district court sentenced the defendant to a controlling term of 3-10 years.

On April 13, 1994, the defendant filed a pro se motion seeking to convert his sentence under the retroactivity provision of the KSGA. The defendant’s primary crime is classified in grid block 3-I of the drug grid. The defendant argued that inmates with crimes classified in grid block 3-H or 3-1 of the drug grid are always eligible for sentence conversion. The State argued that these inmates are eligible for conversion only if the “small amounts exception” for marijuana pursuant to K.S.A. 1994 Supp. 21-4705(c) is met. On July 20, 1994, the district court found that because the defendant possessed more than 500 grams of marijuana, he was not eligible for conversion. The defendant then perfected this appeal.

This is a matter of first impression in Kansas, and our standard of review is clear. A question of statutory interpretation is a question of law, and this court’s scope of review on a question of law is [291]*291unlimited. State v. Williams, 19 Kan. App. 2d 903, 904, 878 P.2d 854 (1994).

Whether an inmate’s sentence is eligible for conversion under the sentencing guidelines is controlled by K.S.A. 1994 Supp. 21-4724(b)(1), which states:

“Except as provided in subsection (d), persons who committed crimes which would be classified in a presumptive nonimprisonment grid block on either sentencing grid, in grid blocks 5-H, 5-1 or 6-G of the nondrug grid or in grid blocks 3-H or 3-1 of the drug grid, pursuant to the provisions of subsection (o) oftLS.A. 1994 Supp. 21-4705 and amendments thereto, if sentenced pursuant to the Kansas sentencing guidelines act, and were sentenced prior to July 1, 1993, shall have their sentences modified according to the provisions specified in the Kansas sentencing guidelines act.” (Emphasis added.)

In this case, the defendant’s primary crime is classified in grid block 3-1 of the drug grid. The sentence for a crime which is classified in grid block 3-H or 3-1 of the drug grid is presumptive imprisonment. However, K.S.A. 1994 Supp. 21-4705(c) provides an exception, known as the “small amounts exception,” for those convicted of possessing or selling an amount of marijuana which does not exceed 500 grams or 25 plants. This exception allows a sentencing court to impose an optional nonprison disposition for crimes classified in grid blocks 3-H or 3-1 if the sentencing judge is able to make certain findings required by the statute. Such a sentence does not constitute a departure.

At issue in this case is the construction of the language “pursuant to the provisions of subsection (c) of K.S.A. 1994 Supp. 21-4705 and amendments thereto” in subsection (b)(1) of the conversion statute, K.S.A. 1994 Supp. 21-4724. An examination of the legislative history of this statute is necessary. The Kansas Sentencing Guidelines Act was enacted by the Kansas Legislature in 1992 but did not become effective until July 1, 1993. In 1993, the Kansas Legislature adopted many amendments to this legislation before the act became effective. One such amendment is the language in question in the conversion statute. When 21-4724(b)(l) was first enacted in 1992, it did not include the language in question. See L. 1992, ch. 239, § 24. In 1993, the Kansas Legislature amended the statute, specifically adding the language under consideration. [292]*292L. 1993, ch; 291, § 268. We have been unable to locate any indication of the legislative intent of this amendment except the language of the statute.

“The fundamental rule of statutory construction, to which all others are subordinate, is that the purpose and intent of the legislature governs when that intent can be ascertained from the statute, even though words, phrases, or clauses at some place in the statute must be omitted or inserted.” State v. Gonzales, 255 Kan. 243, Syl. ¶ 2, 874 P.2d 612 (1994). “ There is a presumption that the legislature does not intend to enact useless or meaningless legislation.’ ” Todd v. Kelly, 251 Kan. 512, 515, 837 P.2d 381 (1992) (quoting City of Olathe v. Board of Zoning Appeals, 10 Kan. App. 2d 218, 221, 696 P.2d 409 [1985]). “In determining the legislative intent for the purpose of statutory construction, the historical background and changes made in a statute are to be considered by the court; any changes and additions made in existing legislation raises a presumption that a change in meaning and effect was intended.” State v. Dubish, 234 Kan. 708, 713, 675 P.2d 877 (1984).

“When determining whether a statute is open to construction, or in construing a statute, ordinary words are to be given their ordinary meaning and courts are not justified in disregarding the unambiguous meaning. Even a penal statute subject to strict construction should not be read so as to add that which is not readily found therein, or to read out what, as a matter of ordinary language, is in it.” Boatright v. Kansas Racing Comm’n, 251 Kan. 240, Syl. ¶ 7, 834 P.2d 368 (1992).

The defendant argues that the reference to the “small amounts exception” in the conversion statute at K.S.A. 1994 Supp. 21-4724(b)(1) only means that an inmate is not entitled to probation unless the exception is met. The defendant, however, argues that an inmate is entitled to have the length of his or her sentence converted any time the inmate’s crime is classified within the 3-H or 3-1 grid blocks.

K.S.A. 1994 Supp. 21-4724(b)(l) specifies that an inmate’s sentence is eligible for conversion if his or her crime is classified in grid blocks 3-H or 3-1 of the drug grid, “pursuant to the provisions of subsection (c) of K.S.A.

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Related

City of Olathe v. Board of Zoning Appeals
696 P.2d 409 (Court of Appeals of Kansas, 1985)
Todd v. Kelly
837 P.2d 381 (Supreme Court of Kansas, 1992)
State v. Williams
878 P.2d 854 (Court of Appeals of Kansas, 1994)
Rogers v. Shanahan
565 P.2d 1384 (Supreme Court of Kansas, 1976)
State v. Gonzales
874 P.2d 612 (Supreme Court of Kansas, 1994)
State v. Dubish
675 P.2d 877 (Supreme Court of Kansas, 1984)
State v. Sidders
888 P.2d 409 (Court of Appeals of Kansas, 1995)
Boatright v. Kansas Racing Commission
834 P.2d 368 (Supreme Court of Kansas, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
898 P.2d 1175, 21 Kan. App. 2d 289, 1995 Kan. App. LEXIS 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hackler-kanctapp-1995.