TOPEKA, Kan. — The Kansas Supreme Court announced its docket to hear criminal cases this month.
One of those involves a Texas man, Johnathan L. Riffe, with a petition of review scheduled before the court next Monday.
Riffe was found guilty in Reno County District Court for aggravated sexual battery. He was sentenced to nearly four years in prison, followed by two years of post-release supervision. The state filed a motion to correct illegal sentence, arguing Riffe should have received lifetime post-release supervision. Following a hearing, the district court found that 10 years of post-release supervision was the maximum term and that lifetime post-release supervision was unconstitutional as applied to Riffe.
A Court of Appeals panel vacated Riffe’s sentence and remanded with directions to grant the state’s motion. Issues for review include whether the district court’s findings were supported by the evidence and whether the district court properly held that lifetime post-release supervision was unconstitutional for Riffe.
The crime occurred in the early morning hours of Oct. 31, 2010, when Riffe offered the victim a ride home from the Grand Slam nightclub. The victim alleged that Riffe tried to sexually assault her in the driveway of Hospice House. The defendant denied that there was anything forced and that the victim was extremely intoxicated. Riffe also told the jury that the victim wanted him and was into him. But, he says they didn’t have sex because he believed she was too intoxicated.