Supreme Court of Kansas

State v. Wilson

January 7, 2022501 P.3d 885

Summary

The court held that a district court may revoke probation and impose the underlying prison sentence only after the probationer has received sanctions in the statutory graduated order, unless the court properly invokes a bypass provision. Because Wilson received the 180-day sanction before the required jail sanction and the court did not invoke a bypass, the revocation lacked statutory authority. The court also held that the error was not harmless because the appellate court could not determine how the district court would apply the required legal procedure.