State v. Crabbs

1

NOT DESIGNATED FOR PUBLICATION

No. 120,723

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

STATE OF KANSAS,
Appellee,

v.

JASON RICHARD CRABBS,
Appellant.


MEMORANDUM OPINION

Appeal from Rice District Court; MIKE KEELEY, judge. Opinion filed February 14, 2020.
Affirmed.

Submitted by the parties for summary disposition pursuant to K.S.A. 2019 Supp. 21-6820(g) and
(h).

Before MALONE, P.J., ATCHESON and SCHROEDER, JJ.

PER CURIAM: Jason Richard Crabbs appeals the Rice County District Court's
decision to revoke his probation and impose his original sentence after he admitted
committing numerous additional crimes. We granted Crabbs' motion for summary
disposition under Kansas Supreme Court Rule 7.041A (2019 Kan. S. Ct. R. 47) in the
absence of any response from the State. Finding no error in the district court's ruling, we
affirm.

On August 8, 2016, Crabbs pled guilty to identity theft and forgery. On July 5,
2017, the Rice County District Court sentenced Crabbs to 18 months in prison and
granted a dispositional departure to probation with community corrections for 18 months.
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Between November 2017 and September 2018, Crabbs repeatedly violated his
probation. A November 16, 2017 report showed that Crabbs failed to abide by the terms
of his probation in his Reno County criminal case, resulting in a probation violation in
this case. Specifically, the report from his intensive supervision officer (ISO) in Reno
County stated that he was unsuccessfully discharged from substance abuse treatment, he
admitted to using methamphetamine and marijuana, he failed to provide a urine sample as
directed by his Reno County ISO, and he left Reno County without his ISO's permission.
A February 6, 2018 report showed that Crabbs violated his probation when he committed
new crimes in Oklahoma in December 2017, he failed to get permission from his Rice
County ISO to leave the state, and he committed several new crimes in Reno County
between late November and early December 2017, resulting in three new criminal cases
against him. A September 10, 2018 report showed that Crabbs again violated his
probation when he failed to report to his ISO after bonding out of jail in May 2018 and
had not reported since that time.

On October 17, 2018, Crabbs appeared before the Rice County District Court and
admitted to the probation violation allegations in all three reports. The district court found
that Crabbs violated his probation but took the disposition of this case under advisement
until the Reno County District Court resolved Crabbs' new criminal cases. On November
1, 2018, after Crabbs had been convicted in his Reno County criminal cases, the Rice
County District Court revoked Crabbs' probation and ordered him to serve his original
18-month prison sentence. Crabbs timely appeals.

In his motion for summary disposition, Crabbs contends that the Rice County
District Court abused its discretion by revoking his probation and imposing his original
prison sentence. He offers no additional argument and concedes that he admitted to the
probation violations, giving the district court the discretion to revoke his probation.

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K.S.A. 2018 Supp. 22-3716 outlines the procedure for revoking a defendant's
probation. Generally, after evidence of a probation violation has been established, the
decision to revoke probation rests in the district court's sound discretion. State v.
Gumfory, 281 Kan. 1168, 1170, 135 P.3d 1191 (2006). An abuse of discretion occurs
when judicial action is arbitrary, fanciful, or unreasonable; is based on an error of law; or
is based on an error of fact. State v. Mosher, 299 Kan. 1, 3, 319 P.3d 1253 (2014). The
movant bears the burden of showing such an abuse of discretion. State v. Stafford, 296
Kan. 25, 45, 290 P.3d 562 (2012).

After reviewing the record, we find that the Rice County District Court did not
abuse its discretion in revoking Crabbs' probation and imposing his original prison
sentence. The district court understood the controlling law and the particular facts in this
case. Under K.S.A. 2018 Supp. 22-3716(c)(8)(A) when an offender commits a new
felony or misdemeanor while on probation, the district court may revoke probation
without imposing intermediate sanctions and impose the original sentence. Here, the
record shows that Crabbs had four felony and misdemeanor charges filed against him in
Oklahoma in December 2017, two felony and misdemeanor charges filed against him in
Reno County in November 2017, and seven felony and misdemeanor charges filed
against him in Reno County in December 2017 while Crabbs was still on probation in
this case. That's an inglorious record to say the least. And Crabbs was convicted of
multiple crimes in those cases. Pursuant to K.S.A. 2018 Supp. 22-3716(c)(8)(A), the
district court acted well within its discretion to revoke Crabbs' probation without
imposing any intermediate sanctions. A reasonable person could agree with the district
court's decision, and its decision was not based on an error of law or fact. Because Crabbs
fails to show that the district court abused its discretion in revoking his probation, the
court's ruling is affirmed.

Affirmed.