State v. Smith

── State v. Smith ── Court: Court of Appeals of Kansas Date: June 05, 2026 Category: General NOT DESIGNATED FOR PUBLICATION Nos. 128,385 128,386 128,387 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. KELINN MYCAL SMITH, Appellant. MEMORANDUM OPINION Appeal from Sedgwick District Court; DAVID DAHL, judge. Submitted without oral argument. Opinion filed June 5, 2026. Affirmed in part, vacated in part, and remanded with directions. Emily Brandt, of Kansas Appellate Defender Office, for appellant. Julie A. Koon, assistant district attorney, Marc Bennett, district attorney, and Kris W. Kobach, attorney general, for appellee. Before GARDNER, P.J., MALONE and ATCHESON, JJ. MALONE, J.: Kelinn Mycal Smith appeals the district court's order revoking his probations and imposing the underlying sentences in three cases consolidated on appeal. Smith claims the district court abused its discretion by revoking his probations and imposing the underlying sentences without modification. He also claims he is entitled to a recalculation of jail credit awarded in each case due to recent changes in the law pending his appeal. After thoroughly reviewing the record, we affirm the district court's decision 1 to revoke Smith's probations and impose the underlying sentences but remand with directions for a recalculation of the jail credit awarded in each case. Factual and procedural background This case arises from three separate cases below. In case No. 21-CR-2148 (Case 1) the State charged Smith with one count of criminal possession of a weapon by a convicted felon for conduct occurring on or about May 26, 2021. The State charged Smith in case No. 21-CR-2570 (Case 2) with one count each of aggravated burglary, criminal threat, criminal damage to property, and battery—each for conduct occurring on or about December 17, 2021. The State charged Smith in case No. 22-CR-61 (Case 3) with one count each of criminal threat, criminal damage to property, and battery for conduct occurring on or about January 13, 2022. The parties entered into a global plea agreement in which Smith agreed to plead guilty as charged in exchange for the State's sentencing recommendations including a recommendation for dispositional departure sentences. The district court held a joint plea hearing and accepted Smith's pleas. Smith moved for a dispositional or durational departure sentence in each case. The district court held a joint sentencing hearing on June 22, 2023. The district court sentenced Smith to a controlling term of 21 months' imprisonment in Case 1, a controlling term of 162 months' imprisonment in Case 2, and a controlling term of 16 months' imprisonment in Case 3. The district court ordered the sentences to run consecutive for an aggregate sentence of 199 months' imprisonment with 12 months' postrelease supervision. The district court granted the dispositional departure motions and placed Smith on probation in each case. Because Smith was granted probation, none of the original journal entries of judgment included jail credit calculations. 2  On July 26, 2023, Smith signed a waiver of rights and consent form in which he admitted to testing positive for alcohol and cocaine and consented to serve a 72-hour jail sanction. Smith signed another waiver of rights and consent form on April 19, 2024, in which he admitted to testing positive for marijuana and consented to serving another 72- hour jail sanction. The district court issued an arrest warrant on