Appeal No. 120767: State of Kansas v. Anita Jo Albano
Archived oral argument video
The Kansas Supreme Court affirmed Albano's sentence imposed by Riley County District Court. Albano argued the Kansas Sentencing Guidelines Act violates Section 5 of the Kansas Constitution Bill of Rights because it allows a judge, rather than a jury, to find the existence of prior convictions for use in determining a defendant's sentence. On review, the Supreme Court rejected Albano's argument. The Supreme Court held Section 5 does not guarantee defendants the right to have a jury determine sentence-enhancing prior convictions because no such jury trial right existed as common law when the Kansas Constitution was adopted in 1859.