State v. O'Connor
Annotate this CaseDefendant pled nolo contendere to aggravated robbery, possession of marijuana, burglary and contributing to a child’s misconduct. Defendant was sentenced to a controlling term of 144 months’ imprisonment. The court of appeals affirmed the district court’s classification of a prior Florida juvenile adjudication was for third-degree burglary as a person felony for purposes of calculating Defendant’s Kansas criminal history score. The Supreme Court vacated Defendant’s sentences, holding that the lower courts failed to simply identify the prior Florida adjudication as a third-degree burglary or to identify the facts necessary to support a third-degree burglary and instead impermissibly used judicial factfinding to elevate the degree of burglary above that for which Defendant was actually adjudicated in Florida. Remanded.
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