HUTCHINSON, Kan. — A 46-year-old man convicted of sex crimes in 2007 got a mixed decision from the Kansas Court of Appeals.
Robert Dwerlkotte was sentenced to 22 1/2 years in prison by District Judge Tim Chambers, who called him a persistent sex offender. Judge Chambers gave him the 272 months on a charge of aggravated burglary, then 32 months on a charge of aggravated sexual battery, but ran the sentences concurrent.
Dwerlkotte broke into his ex-wife’s home and laid down on the floor beside her bed while she slept. He then jumped on top of her when she woke up, held her down and tried to convince her to have sex.
The state filed a motion to correct issues where he would be on lifetime post release supervision. That was affirmed by the Court of Appeals.
The defendant filed an appeal over the scoring for his criminal history at sentencing where he had been sentenced for burglary of a dwelling. The appeals court ruled that his criminal history score was improper even though the state had put in the complaint that the burglary involved a dwelling. So, his case came back to District Court for re-sentencing on that issue, which could mean a little less time in prison, even though he had entered a plea to that charge.
Dwerlkotte had served time in prison for the burglary as well as a conviction for sexual exploitation of a child.