The Kansas Court of Appeals had a mixed verdict Friday for a Nickerson man convicted of stalking his ex-wife and violating of protection from abuse order.
They ruled that the first county against Mark Kendall should have been attempted stalking, so ordered the case sent back to District Court for re-sentencing on that count. They did affirm the violation of protection order.
Kendall has been sentenced to 60-months in prison, less then half of what the state was asking for in this case.
Kendall had been charged with multiple counts of stalking, and violating a protection from stalking order. He was convicted for calling his ex-wife’s phone on four occasions, May 23, and then three days in a row on July 6th, 7th, and 8th, of 2010, but the defense contends no contact was actually made. This calls were made while he was in the El Dorado Correctional Facility. The Defense still contends he was trying to contact his daughter.
Kendall had been sentenced to prison in a previous stalking case also involving his ex-wife. He was sentenced in that case to 66-month in prison, and another 12-months to be served in the Reno County Jail.
The state says they may ask for a Supreme Court Review of Friday’s ruling of the Appeals Court decision.