State v. DickeyAnnotate this Case
Defendant pled guilty to felony theft. The district court sentenced Defendant to sixteen months in prison after classifying Defendant’s prior 1992 in-state juvenile adjudication for burglary as a person felony, resulting in Defendant having a criminal history score of A and placing him in the A-9 grid box of the Kansas Sentencing Guidelines. The Court of Appeals vacated Defendant’s sentence and remanded for resentencing, concluding that the district court violated Defendant’s constitutional rights as described in Descamps v. United States and Apprendi v. New Jersey. Both the State and Defendant appealed. The Supreme Court affirmed, holding (1) Defendant’s legal challenge to the classification of his prior burglary adjudication can be raised for the first time on appeal; (2) classifying Defendant’s prior burglary adjudication as a person felony violates Defendant’s constitutional rights as described under Descamps and Apprendi; and (3) neither the legal reasoning nor holding in State v. Murdock has any applicability to the classification issue raised in this case.