1 NOT DESIGNATED FOR PUBLICATION

No. 123,734

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

S TATE OF K ANSAS , Appell ee ,

v.

D WIGHT R EID , Appell ant

.

MEMORANDUM OPINION

Appeal from Johnson District Court; T IMOTHY P. M C C ARTHY , judge. Opinion filed November 5 , 20 21

. Affirmed.

Submitted by the parties for summary disposition pursuant to K.S.A. 2020 Supp. 21

- 6820(g) and (h ).

Before A RNOLD

- B URGER , C .J., H ILL and P OWELL , JJ.

P ER C URIAM : Dwight Reid appeals the district court ' s revocation of h is probation and the imposition of his underlying prison sentence

. We granted Reid ' s motion for summary disposition pursuant to Supreme Court Rule 7.041A (20 21 Kan. S. Ct. R. 4 8 ). The State has not responded. After a review of the record, we affirm.

Pursuant to a plea agreement with the State, Reid pled no contest to one count of
criminal threat , a severity level 9 person felony, and criminal possession of a firearm by a
convicted felon , a severity level 8 person f elony , for crimes committed in July 2017

. Reid ' s presentence investigation report showed his criminal history score to be A. At the sentencing hearing on March 29 , 2018, the district court sentenced Reid to an aggregate2 sentence of 27 months in prison for both counts but granted Reid his request for a dispositional departure to probation from that sentence for a period of 18 months.

While on probation, Reid subsequently pled guilty to a new offense of felony offender registration violation in c ase 18 CR 1930. At the probation revocation hearing, given Reid ' s guilty plea in the new case, the district court found Reid to be in violation of the terms and conditions of probation , revoked his probation, and order ed Reid to serve his underlying prison sentence. The district court cited Reid ' s commission of a new crime, the fact he was originally given a dispositional departure to probation, and his extensive criminal history as grounds for revocation.

Reid now appeals, arguing the district court abuse d its disc retion by revoking his probation and ordering him to serve h is underlying prison sentence. Once a probation violation has been established, the decision to revoke probation is within the sound
discretion of the district court. See State v. Coleman , 311 Kan. 332, 334, 460 P.3d 828 (2020) ; State v. Skolaut , 286 Kan. 219, 227

- 28, 182 P.3d 1231 (2008) . A district court abuses its discretion if it bases its decision on legal or factual errors or if no reasonable person would agree with its decision. State v. Ballou , 310 Kan. 591, 615, 448 P.3d 479 (2019). Reid bears the burden to show an abuse of discretion by the district court. See
State v. Thomas , 307 Kan. 733, 739, 415 P.3d 430 (2018).

In this case, the district court ' s discretion on whether to revoke pro bation was limited by the intermediate sanctions outlined in K.S.A. 201 7 Supp. 22

- 3716. According
to the law in effect at the time Reid committed his crimes, a district court was required to impose graduated intermediate sanctions before revoking an offender ' s probation. See
K.S.A. 201 7 Supp. 22

- 3716(c); State v. Huckey , 51 Kan. App. 2d 451, 454, 348 P.3d 997 (2015) . However, there are exceptions which permit a district court to revoke a
defendant ' s probation without having previously imposed the statutorily required intermediate sanctions. One exception allows the district court to revoke probation3 without imposing sanctions if " the offender commits a new felony or misdemeanor while the offender is on probation. " K.S.A. 201 7 Supp. 22

- 3716(c)( 8 )( A ).

H ere, it is undisputed that Reid committed a new crime while on probation, meaning the district court had the legal authority to revoke Reid ' s probation. Moreover,
Reid fails to persuade us why he should have been placed back on probation given his commission of a new crime while on probation. Under these facts, we have no trouble concluding that a reasonable person could agree with the district court ' s decision to
revoke Reid ' s probation and order that he serve h is underlying prison sentence.

Affir med.