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Motions to correct illegal sentences currently filed in Saline County
By salina.com
Published: 11/11/2014

Charles L. Sims, 57, of Salina, is housed at Ellsworth Correctional Facility. He was convicted of failure to register as a sex offender for not registering within 10 days after moving to Salina Rescue Mission from Florida in November 2009. Sims was convicted of felony sexual battery in Florida in 1997 and ordered to register for life, according to an arrest affidavit. The KDOC website lists his earliest possible release date as May 29, 2018. Sims argues that the state erred by counting a burglary of a dwelling committed in Florida prior to 1993 as a "person" felony to enhance his sentence. His motion is scheduled for hearing Dec. 5 in Saline County District Court.

Larry T. Broils, 50, of Salina, is housed at Norton Correctional Facility. He was convicted of rape of a child younger than 14 for sexually molesting a 5-year-old girl on Feb. 21, 1998, according to an arrest affidavit. The KDOC website lists his earliest possible release date as May 24, 2019. Broils claims a pre-1993 conviction in Colorado was classified as a "person" felony to increase the length of his sentence. His motion hearing is Dec. 3.

Garnet C. Tolen, 55, of Salina, is housed at Lansing Correctional Facility. He was convicted of rape and aggravated criminal sodomy for sexually assaulting a co-worker in his car on April 2, 1998, according to an arrest affidavit. The KDOC website lists his earliest possible release date as Nov. 10, 2050. Tolen argues that a New Jersey conviction in 1994 for aggravated criminal sexual contact should not be designated a "person" crime, and in-state convictions for robbery and kidnapping in 1980 should also have been considered nonperson felonies. His motion hearing is Dec. 5.

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