The Kansas Court of Appeals has upheld a Lyon County District Court decision to revoke probation in cases involving no-contest pleas to aggravated assault and attempted robbery.
Franklin Preston Burch, 26, pleaded no contest in the separate cases that developed in 2016 and 2017, respectively, and in June 2017 district court granted 24 months probation with underlying prison terms of 27 months in each case. Burch received several sanctions during the probationary period for violating terms, including failing to stay employed, being dishonest with his probation officer, not submitting to drug testing and not attending drug treatment. Burch asked for probation to be reinstated but district court denied that request.
Burch appealed, saying district court “abused its discretion” in deciding against probation — but also admitted court can revoke probation when violations are proven. The Court of Appeals sided with district court, finding the lower court had already handed down intermediate sanctions as required by law after Burch could not “comply with basic conditions of his supervision.”
