A Court of Appeals judicial panel has vacated the sentence against a Lyon County man in a sex assault case.
A year ago, Jason Wayne Harden was sentenced to 25 years to life in prison after his conviction for sexual encounters with a then 13-year-old girl in early 2016. Harden had entered an Alford plea to aggravated indecent liberties and solicitation following his trial which ended in a hung jury in April.
Harden had requested a departure from the Jessica’s Law 25-year minimum, saying his limited and unrelated criminal history should have had him as a candidate for sentencing under the Kansas Sentencing Guidelines Act instead. Judge Merlin Wheeler denied the motion, so an appeal was filed.
The Court of Appeals said the case against Harden was an off-grid crime, so lack of a significant criminal history is a mitigating factor for considering whether to use the KSGA instead of Jessica’s Law.
The case has been remanded to district court for resentencing.
