State v. LuarksAnnotate this Case
After a jury trial, Defendant was convicted of one count of aggravated robbery. The district court sentenced Defendant to 172 months in prison. Defendant appealed, challenging his sentence. The Supreme Court vacated Defendant’s sentence and remanded for resentencing, holding (1) the district court did not err by classifying two of Defendant’s pre-Kansas Sentencing Guidelines Act (KSGA) convictions for attempted rape and aggravated burglary as person felonies; but (2) the classification as a person felony of Defendant’s third pre-KSA conviction for burglary was unconstitutional because it was based on a fact that was never proven to a jury beyond a reasonable doubt.