SMITH CENTER – (February 25, 2020) – A Smith Center woman convicted of insurance fraud and related charges earlier this month should be required to serve a minimum of 45 days’ imprisonment before being released on probation, Kansas Attorney General Derek Schmidt said today.
Trisha A. Wiehl, 40, was found guilty on February 5 following a bench trial in Smith County District Court of 57 charges – one count of insurance fraud, four counts of theft, 35 counts of making false information, eight counts of insurance agent or broker failing to pay premium to company, six counts of forgery, and three counts of false impersonation. At sentencing, the state requested Wiehl be imprisoned. The court rejected the request and sentenced her to pay a $3,000 fine and serve 36 months’ probation.
In a motion to correct illegal sentence filed in Smith County District Court late last week, Schmidt argued because Wiehl was convicted on six counts of forgery, a special provision in Kansas law requires her to serve a minimum of 45 days’ imprisonment before release on probation. Consequently, the attorney general argues, Wiehl received an illegal sentence when the court placed her on probation without ordering her to first serve jail time. The motion requests the court correct the illegal sentence by ordering Wiehl to immediately serve a minimum of 45 days’ imprisonment.
A copy of the motion may be found at https://bit.ly/3cbbafx.