Summary
The Kansas Supreme Court held that K.S.A. 2015 Supp. 21-6806(c) does not give district courts discretion to impose a downward durational departure from the mandatory life sentence for felony murder. The court rejected the appellant's reliance on prior precedent and affirmed the denial of her departure motion and her life sentence with parole eligibility after 20 years.
Topics
Practice areas
Questions Presented
- Whether K.S.A. 2015 Supp. 21-6806(c) gives a district court discretion to grant a downward durational departure from the life sentence prescribed for felony murder.
- Whether the district court erred by denying Nguyen's departure motion without considering her asserted mitigating circumstances.
Holdings
- K.S.A. 2015 Supp. 21-6806(c) does not give district courts discretion to depart from the mandatory life sentence for felony murder.
- The district court did not err in denying Nguyen's motion for a downward durational departure because it lacked authority to grant the requested departure.
Key quotations
“Accordingly, we hold that by failing to provide an exception for felony murder, the legislature intended to prevent departures from the mandatory life sentence.” (at 10)
“As a result, we hold that K.S.A. 2015 Supp. 21-6806(c) does not give district courts discretion to depart from a life sentence for felony murder.” (at 10-11)
Factual background
Nguyen unwittingly received counterfeit money from Jordan Turner in exchange for marijuana. After discovering the deception, she and three others lured Turner to a secluded location, where he was shot and killed. Nguyen pleaded no contest to felony murder, with kidnapping as the underlying felony, and received a life sentence with parole eligibility after 20 years.
Procedural history
Nguyen pleaded no contest to felony murder with kidnapping as the underlying felony. Before sentencing, she moved for a downward durational departure and sought a sentence of 147 to 165 months. The district court denied the motion, concluding that it lacked discretion to depart, imposed life imprisonment with parole eligibility after 20 years, and affirmed its ruling on appeal.