The Kansas Supreme Court has reversed a Court of Appeals decision, and affirmed a Saline County District Court decision, in a “Jessica’s Law” child sex case.
50-year-old William Jolly of Salina is currently in prison, serving a 165 month sentence for the rape in July of 2012 of a 12-year-old girl.
When Jolly was sentenced, the Saline County District Court granted his request for a departure from the mandatory minimum of 25 years to life under “Jessica’s Law”, and instead sentenced him to 165 months’ imprisonment. The state appealed, and a divided panel of the Court of Appeals concluded there were not substantial and compelling reasons for granting the shorter, departure sentence.
Jolly appealed to the Kansas Supreme Court, arguing that the Court of Appeals erroneously considered aggravating factors, and substituted its own finding for those made by the district court. The supreme court reversed the Court of Appeals decision and affirmed the departure sentence imposed by the Saline County District Court.
According to Kansas Department of Corrections records, Jolly will be eligible for parole in March of 2019.