The Kansas Supreme Court Friday overturned a decision by the Kansas Court of Appeals over a case in Reno County where a 44-year-old man was convicted and sentenced for weapons violations.
Frank Burnett sought review of the Court of Appeals decision affirming his conviction. He claims his statutory speedy trial rights were violated because he was not brought to trial within 180 days of his request to expedite his case under the Uniform Mandatory Disposition of Detainers Act.
The Appeals Court denied his request and he asked for a review of the decision. The Kansas Supreme Court ruled that the district court erred when they didn’t grant his motion and that they lost jurisdiction to even hold a trial, convict, or sentence Burnett. Accordingly, they reverse the Court of Appeals decision.
On September 7, 2006, Burnett was charged in Reno County for an aggravated weapons violation, domestic battery, battery, fleeing and eluding police, no proof of insurance, and illegal display of a license plate. He was later convicted of the aggravated weapons violation and sentenced to 17 months in prison with a 12-month post-release supervision term.
Again, the Kansas Supreme Court ruled Friday that Burnett’s conviction should be reversed and his sentence vacated.
However, that doesn’t mean that he will be released from prison anytime soon. He has numerous other convictions of burglary and theft in Butler County. He also has convictions of aggravated battery, aggravated burglary, burglary, obstructing the legal process and criminal damage in McPherson County.