
HUTCHINSON, Kan. – A 46-year-old Turon man convicted of one count of attempted aggravated indecent liberties with a child and ordered to prison by Judge Trish Rose, appealed his having to be on lifetime post release supervision.
Jon Timothy Herrman was given the standard sentence of 24-months at the time and was then granted two years of post release supervision. The state then discovered that the two years post release supervision was an illegal and that it should have been lifetime post-release. They filed a motion to correct the illegal sentence and the court granted their motion.
On appeal, Herrmann didn’t have jurisdiction to re-sentence him because at the time they re-sentenced him, his two year post release supervision was legal and that the judge didn’t have jurisdiction to modify a legal sentence. But, the Kansas Court of Appeals dissagreed with his conclusion and denied his appeal on that issue.
Herrman was accused of trying to entice or solicit a child 14-16 years of age for sexual relations, but entered a no contest plea to attempted aggravated indecent liberties with a child. He was accused of using a telephone or other electronic means to text the child hoping they would agree to commit or submit to an unlawful sexual act. The alleged crime occurring on July 6, of 2011.
Herrman told the judge at the time of sentencing that he screwed up and stated “I will take whatever is coming to me.” He did apologize to the family and the victim.
In addition to being on lifetime post release supervision, Herrman will also have to register as a sex offender once released from prison.