HUTCHINSON, Kan. — A Hutchinson man whose short sentence was overturned by the Court of Appeals will be back in court Thursday to be resentenced.
Taylor Lukone was given the two-year sentence for a conviction of reckless second-degree murder in the death of 51-year-old Jose Lopez. Lukone rammed Lopez, who was on a bicycle, with his car. The incident happened following a confrontation between the two parties.
The case went to the Supreme Court, which refused to address the case, thus sending it back to Reno County.
Lukone got the unexpected break from what could have been an 11-year sentence when Judge Trish Rose granted her own departure in the case, going against the plea agreement from both the state and the defense. Rose cited Lukone’s lack of criminal history and his age as reasons for the 99-month departure.
The Court of Appeals stated that the extent of Rose’s departure was not proportionate to the severity level of Lukone's crimes. As a result, Rose’s 99-month departure was outside the framework of the legal standards and statutory limitations placed on it by the KSGA grid. Thus, this constituted an abuse of discretion.
Thursday's sentencing is set for 3 p.m. before Judge Rose.