State v. Clark

Summary

The Kansas Supreme Court affirmed Robert D. Clark’s convictions for two counts of aggravated indecent liberties with a child, holding that circumstantial evidence was sufficient to establish the required specific intent. The court vacated the lifetime postrelease supervision imposed with his off-grid life sentences and remanded for correction of the journal entry imposing lifetime electronic monitoring.

Holdings

1. The evidence was sufficient for a rational factfinder to find beyond a reasonable doubt that Clark engaged in the prohibited touching with the specific intent to arouse or satisfy his sexual desires, the children's sexual desires, or both.
2. A sentencing court lacks authority to impose lifetime postrelease supervision in conjunction with an off-grid indeterminate life sentence.
3. The sentencing court lacks authority to impose lifetime electronic monitoring because electronic monitoring is a condition of parole imposed by the Kansas Prisoner Review Board, not a sentencing-court-ordered sentence provision.

Questions Presented

1. Whether sufficient evidence supported the jury's finding that Clark touched the children with the specific intent to arouse or satisfy sexual desires.
2. Whether the sentencing court had authority to impose lifetime postrelease supervision in conjunction with off-grid indeterminate life sentences.
3. Whether the sentencing court had authority to impose lifetime electronic monitoring, and whether the erroneous provision in the journal entry required correction.

Disposition

remanded