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State v. McCreary5/14/2004
able to a probation revocation proceeding).
McCreary voluntarily waived most procedural rights associated with the extension of his probation. Had he wished to have a hearing, he could have had one. Since he wanted an extension, he probably saw no reason to take the time out of his day to attend a hearing to get what could be obtained through a written agreement and waiver. We find this waiver unchallenged on appeal, and the district court's acceptance of the waiver prior to the expiration of McCreary's pending probation period satisfied the "modification hearing and a judicial finding of necessity" requirements of K.S.A. 2003 Supp. 21-4611(c)(8).
McCreary also argues the district court erred in finding that it had no jurisdiction to consider his motion to modify his sentence for driving under the influence under K.S.A. 8-1567.
McCreary acknowledges that this issue was decided adverse to his position in State v. Anthony, 274 Kan. 998, 58 P.3d 742 (2002). However, he argues Anthony was wrongly decided. We are duty bound to follow the precedent of the Kansas Supreme Court absent some indication that it is departing from its previous position. State v. Maybin, 27 Kan. App. 2d 189, 205, 2 P.3d 179, rev. denied 269 Kan. 938 (2000). McCreary does not demonstrate any evidence the Supreme Court is altering its view in Anthony; he simply contends that Anthony was wrongly decided.
Affirmed.
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