The Kansas Court of Appeals says a Greenwood County inmate seeking a new sentence on child sex abuse charges wasn’t filed in time to satisfy state mandates, and as such it can’t consider the request as filed.
Raymond Voth, 30, was charged with aggravated indecent liberties in 2011 but pleaded to aggravated indecent solicitation later. The Court of Appeals says Voth acknowledged he would be subject to post-release supervision, and he initially received 24 months at sentencing. However, the state learned that portion of his sentence was illegal and moved for lifetime supervision.
Voth’s defense team said the defendant would probably not have agreed to his sentence had he known lifetime supervision was an option, but it did not contest the sentence when it was proposed. The court then changed the supervision to lifetime status.
Voth’s defense team filed a motion in September 2017 arguing the sentence should not have been changed, but district court denied the motion, saying it was not filed in a timely manner and the lifetime supervision was warranted. The Court of Appeals simply said the motion was filed after the one-year deadline, and there was not enough evidence provided to assert what’s called “manifest injustice” in Voth’s case.
