From State v. Presley, decided Dec. 26 by the Kansas Court of Appeals (opinion by District Judge Sean Hatfield, joined by Court of Appeals Judges Thomas Malone and Angela Coble):
In The Adventure of the Noble Bachelor, quoting Henry David Thoreau, Sherlock Holmes observed that "[c]ircumstantial evidence is occasionally very convincing, as when you find a trout in the milk." The days of furtively diluting milk with river water may be behind us, but that turn of phrase is still synonymous with the power of a fact proved with strongly convincing circumstantial evidence….
In March 2010, Presley was charged with three counts of aggravated indecent liberties with a child all occurring between June 1, 2009, and August 31, 2009. Each charge involved the same 13-year-old victim—referred to here under the pseudonym Jane—who was Presley's biological daughter…. [N]one of the counts alleged Presley was over the age of 18 at the time of the offenses…. {[Under the relevant statute, a]ggravated indecent liberties with a child under 14 years of age … [would lead to a presumptive sentence of 55 to 61 months] except when the offender is 18 years of age or older which statutorily makes the offense … [punishable by] life with a mandatory minimum of not less than 25 years before the possibility of parole. The fact that a defendant is 18 or older is an element of the offense ….}
Ultimately, the parties reached a plea agreement which was summarized by the trial court and confirmed by the parties. The State would seek a 25-year Jessica's Law sentence and agreed not to seek more than 25 years….
