State v. Hughes

── State v. Hughes ── Court: Court of Appeals of Kansas Date: June 05, 2026 Category: General NOT DESIGNATED FOR PUBLICATION No. 129,016 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. TREVOR LEE CARL HUGHES, Appellant. MEMORANDUM OPINION Appeal from Shawnee District Court; CHERYL A. RIOS, judge. Submitted without oral argument. Opinion filed June 5, 2026. Affirmed in part and remanded with directions. Corrine E. Gunning, of Kansas Appellate Defender Office, for appellant. Carolyn A. Smith, assistant deputy district attorney, Mike Kagay, district attorney, and Kris W. Kobach, attorney general, for appellee. Before BRUNS, P.J., SCHROEDER and GARDNER, JJ. PER CURIAM: Trevor Lee Carl Hughes timely appeals the revocation of his probation, claiming the district court lacked jurisdiction to revoke his probation because it revoked solely on grounds alleged in the State's amended motion to revoke probation filed after his original term of probation had expired. Hughes also argues he is entitled to additional jail credit. After a thorough review of the record, we find the district court properly exercised its discretion to revoke Hughes' probation. But we find we must remand for the district court to determine what jail credit, if any, he is entitled to, given 1 the recent decisions from our Supreme Court. Therefore, we affirm in part and remand for the district court to calculate any jail credit to which Hughes may be entitled. FACTUAL AND PROCEDURAL BACKGROUND Hughes pled guilty to one count each of arson and burglary for acts committed in May 2020. In February 2022, the district court sentenced Hughes to a total prison term of 49 months' imprisonment but granted a dispositional departure to 24 months' probation. Hughes' probation did not proceed as the court hoped for. In July 2022, the State filed a motion for an order to show cause why probation should not be revoked for failure to report and failure to provide a current address. The district court issued a warrant a few days later. In December 2022, Hughes was taken into custody in Johnson County, where he pled guilty to a new crime of aggravated battery. Hughes remained in custody until February 2025. While in custody in Johnson County, Hughes filed a request for disposition of detainer in this case requesting the State either dismiss the probation revocation or proceed to a hearing. Shortly after Hughes requested a disposition of detainer, the probation violation warrant was executed, and the State filed an amended motion to revoke probation alleging Hughes failed to report, failed to provide a current address, and committed a new crime. On May 2, 2024, the district court held a show cause hearing in which Hughes withdrew his request for disposition of detainer and asked the district court to allow him to serve his Johnson County sentence before addressing the probation violations. The district court allowed Hughes to withdraw his motion and ultimately held a show cause hearing on the probation violations in March 2025. 2  At the show cause hearing, Hughes' intensive supervision officer (ISO) testified that Hughes failed to report in June 2022 and could not be found. Hughes' ISO did not know about the new crime in Johnson County until searching a database looking for Hughes. Hughes also testified and admitted he had stopped reporting to probation and committed a new crime of aggravated battery. The district court revoked Hughes' probation and imposed his underlying prison sentence of 49 months. The district court explain