STATE v. BROWN

No. 96,593.

167 P.3d 367 (2007)

STATE of Kansas, Appellee, v. Daren W. BROWN, Appellant.

Court of Appeals of Kansas.

September 21, 2007.


Attorney(s) appearing for the Case

Lydia Krebs, of Kansas Appellate Defender Office, for appellant.

Jeffrey E. Evans, assistant district attorney, Nola Tedesco Foulston, district attorney, and Paul J. Morrison, attorney general, for appellee.

Before RULON, C.J., ELLIOTT and HILL, JJ.


HILL, J.

Under Kansas law, the length of time spent in a residential facility must be credited toward a defendant's sentence if placement in that facility was imposed as a condition of probation. When Darren Brown was placed on probation, he was ordered to reside at Atishwin Half-Way house for 1 year. Brown absconded before the year was completed. When his probation was later revoked, the court refused to grant him any allowance for his time living at the halfway...

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