Kansas statutes on sentencing and time credited

[Wsjr]

My fiance was released on parole in March 2010. He was then arrested Aug. 2010 and his parole was revoked. He was arrested and plead guilty to consuming alcohol while on parole, but was not convicted on any new charges. He served the remainder of his parole in county jail until Oct. 27, 2011. He was bonded out Nov. 1, 2011, and convicted of the charges and sentenced in April 2012 that he was initially arrested for in 2010. He was ordered to serve 19 months in KDOC and was credited only 37 days for all the time he served.
My questions: He was not convicted of a crime while he was on parole and was incarcerated for around 15 months and was not credited for any of that time when he was actually convicted and sentenced. There has to be some case references or statutes that will allow for some of that time to be credited that he can use as reference in his appeal. Can someone help me out with this? I am totally ignorant and I have been trying to find these things on my own for months but am running out of time. Our baby is due any day now and my father in law to be is terminally ill and worsening week by week. He will be gone for at least 14 months if I do not figure this out. Thank you.

[AFFA]

I wish to inform you that under the provisions of Kansas Statutes 22-3601 - appellate jurisdiction of court of appeals and supreme court in criminal cases any appeal permitted to be taken from a final judgment of a district court in a criminal case shall be taken to the court of appeals. You may appeal the decision of the district court. Kansas Statutes 21-4614 - deduction of time spent in confinement deals with good time ordered to be deducted.

AFF

[Friend In Court]

Originally Posted by Wsjr My fiance was released on parole in March 2010. He was then arrested Aug. 2010 and his parole was revoked. He was arrested and plead guilty to consuming alcohol while on parole, but was not convicted on any new charges. He served the remainder of his parole in county jail until Oct. 27, 2011. He was bonded out Nov. 1, 2011, and convicted of the charges and sentenced in April 2012 that he was initially arrested for in 2010. He was ordered to serve 19 months in KDOC and was credited only 37 days for all the time he served. My questions: He was not convicted of a crime while he was on parole and was incarcerated for around 15 months and was not credited for any of that time when he was actually convicted and sentenced. There has to be some case references or statutes that will allow for some of that time to be credited that he can use as reference in his appeal. Can someone help me out with this? I am totally ignorant and I have been trying to find these things on my own for months but am running out of time. Our baby is due any day now and my father in law to be is terminally ill and worsening week by week. He will be gone for at least 14 months if I do not figure this out. Thank you.

He needs to be represented by a criminal defense lawyer. It is unclear from your post what date the last order was made returning him to jail, so whether an appeal is timely or not is a question. Further, if he is represented by a Kansas criminal attorney, the law and cases will be at his fingertips. You cannot do anything yourself that will be effective. It will be up to your boyfriend to make the moves to get his time credited or released. And with a lawyer representing him is his best chance.

This was posted in the civil forum and should rightfully have been posted in the criminal section of these forums.