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NOT DESIGNATED FOR PUBLICATION

Nos. 121,346

 121,347

 121,348

 

 

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

STATE OF KANSAS,

Appellee,

v.

JIMMY DUANE SUTTLE,

Appellant.

MEMORANDUM OPINION

Appeal from Sedgwick District Court; STEPHEN J. TERNES, judge. Opinion filed May 29, 2020. 

Sentence vacated.

Sam Schirer, of Kansas Appellate Defender Office, for appellant.

Matt J. Maloney, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, 

district attorney, for appellee.

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

PER CURIAM: After Jimmy Suttle admitted that he committed voluntary 

manslaughter while he was on probation in three prior cases—13CR3362, 15CR220, and 

15CR1216, the court revoked his probation in all three cases. Suttle now appeals the 

revocation of probation in 15CR220. The State agrees the court could not revoke that 

probation because the term had already expired. Accordingly, we vacate that portion of 

his sentence. 
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Suttle's criminal history.

In 13CR3362, Suttle pled guilty to one count of forgery. He was sentenced to a 

suspended 10-month prison sentence with 18 months of probation. This probation term 

was later extended by the court.

In 2015, Suttle was sentenced in two felony cases at the same hearing. In 

15CR220, Suttle pled guilty to possession of methamphetamine, a severity level 5 drug 

felony. In 15CR1261, he pled guilty to aggravated battery, aggravated assault, and 

criminal damage to property. The court granted a downward dispositional departure and 

sentenced Suttle to a total of 36 months' probation. On the journal entry, the probation 

term was specified as 12 months for 15CR220 and 36 months for 15CR1261. The 

presumptive probation term for his crime in 15CR220—a severity level 5 drug felony—

was 12 months. See K.S.A. 2015 Supp. 21-6608(c)(3). The prison terms were 36 months 

in 15CR220 and 77 months in 15CR1261. 

In February 2016, Suttle consented to a 12-month extension of his probation in 

13CR3362 to March 3, 2017. The order did not implicate 15CR220 or 15CR1261.

In April 2016, Suttle stipulated to a probation violation for failing a drug test and 

the district court imposed a 120-day prison sanction. The court extended Suttle's term of 

probation in 13CR3362 until December 9, 2018. But the court did not state that it was 

extending probation in either of the 2015 cases. In fact, the journal entry of the probation 

violation hearing for 15CR220 stated that Suttle's original probation term was 12 months 

and his probation was not extended at the hearing. 

After Suttle admitted he committed voluntary manslaughter in 2017, the State 

sought the revocation of his probation in all three prior cases. At the 2019 revocation 
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hearing, Suttle stipulated to violating his probation in the three cases. The district court 

revoked Suttle's probation and ordered him to serve his prison sentence in each 

case—13CR3362, 15CR220, and 15CR1216. Suttle timely appeals and his cases were 

consolidated on appeal. 

A court cannot revoke a probation term that has already expired.

On appeal, Suttle makes one argument—that the district court did not have 

jurisdiction to revoke his probation in 15CR220. He contends his probation in that case 

concluded on December 9, 2016—one year after the sentencing for that case. He 

concedes that the district court had jurisdiction to revoke his probation in 13CR3362 and 

15CR1261. The State agrees.

A court may only revoke a defendant's probation for conduct which occurred 

during his or her term of probation. There are no conditions of probation to violate when 

a defendant is not on probation. Because the parties agree that Suttle's probation in 

15CR220 ended in December 2016, the district court had no jurisdiction to revoke that 

probation for conduct that occurred in May 2017. See State v. Skolaut, 286 Kan. 219,

232-34, 182 P.3d 1231 (2008). 

We vacate Suttle's 36-month prison sentence in case 15CR220.