The Kansas Supreme Court has upheld a 2019 Riley County District Court sentencing of an Ogden woman convicted of two counts of drug distribution within 1,000 feet of a school.
Anita Jo Albano was arrested in August 2017 and later convicted on by a jury. In her appeal, Albano argued the Kansas sentencing guidelines violated the Kansas Constitution because they allow a judge, instead of a jury, to consder prior convictions in sentencing.
In the high court’s ruling last week, it argued the Constitution does not guarantee a defedant’s right to have a jury determine the sentencing.
Albano is serving more than eight years in prison, with an earliest potential release date of April 2026.
