STATE v. GARDNER

No. 103,312.

244 P.3d 1292 (2011)

STATE of Kansas, Appellee, v. Glen GARDNER, Appellant.

Court of Appeals of Kansas.

January 14, 2011.


Attorney(s) appearing for the Case

Courtney T. Henderson , of Billam & Henderson, LLC, of Olathe, for appellant.

Ramsey A. Olinger , legal intern, Steven J. Obermeier , assistant district attorney, Stephen M. Howe , district attorney, and Steve Six , attorney general, for appellee.

Before HILL, P.J., LEBEN and STANDRIDGE, JJ.


HILL, J.

Under Kansas law, a judge has extensive discretion to order a defendant to complete certain tasks as a proviso of probation. But the exercise of that discretion cannot thwart the clear intent of the Legislature expressed in a specific statute. In other words, a judge cannot use his or her discretion, granted in a general statute, to ignore the clear commands stated in a specific statute. Here, as a condition of...

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