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Kansas Supreme Court reverses decision in criminal case against Hutch man

TOPEKA, Kan. — The Kansas Supreme Court Friday overturned a Kansas Court of Appeals ruling, affirming Reno County District Judge Joe McCarville’s decision to revoke the probation of a 41-year-old Hutchinson man.

Phillip Clapp was convicted of numerous charges going back to 2013. He was granted community corrections, but then saw his corrections revoked. Clapp was ordered to prison for nearly 10 years.

The crimes included various drug and weapons charges, and the distribution of drugs.

Clapp petitioned the high court for a review of a Court of Appeals decision affirming the district court’s revocation of his probation and ordered him to serve his underlying prison sentence.

Clapp alternatively argues that, even if his sentence is not illegal, the district court erred by revoking his probation for a second probation violation.

The decision by Judge Joe McCarville is now reversed and the case is remanded back to District Court with directions. At any hearing, the only issue before the court will be appropriate disposition, as Clapp didn’t challenge the district court’s finding that he violated his probation.

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