Topeka ? The first time the Kansas Supreme Court considered a “Hard 40” prison sentence received by Curtis Lee Coleman Jr. for a drive-by shooting death, it returned the case to Wyandotte County District Court.

The judge considered Coleman’s sentence — then again imposed a sentence of life with no chance of parole for 40 years.

Coleman appealed. However, on Friday, the Supreme Court upheld the sentence.

The difference was that Judge J. Dexter Burdette gave a better explanation of why he imposed the “Hard 40” the second time, the justices said.

The “Hard 40” law requires judges to weigh aggravating factors, arguing for the sentence, and mitigating ones, arguing against the punishment, before deciding whether to impose it. But the list of aggravating factors is spelled out in the law — and the factors Burdette considered were not.

When Burdette reconsidered Coleman’s sentence, he cited as an aggravating factor the danger Coleman created by firing on a crowded street. The judge said Coleman’s actions showed an “extreme disregard for other people.”

That factor is listed in the “Hard 40” law.