State v. HueyAnnotate this Case
Based on the record below, Defendant was unable to establish that the effect of the registration requirements set forth by the Kansas Offender Registration Act (KORA) constitute punishment.
Defendant pleaded guilty to robbery and aggravated burglary. The district court ordered Defendant to register as a violent offender under KORA after finding that he used a deadly weapon to commit those offenses. Defendant appealed, arguing that the registration requirement violated the Booker/Apprendi rule because the jury did not find beyond a reasonable doubt that he used a deadly weapon. The court of appeals rejected Defendant’s Apprendi claims. The Supreme Court affirmed the registration order, holding (1) because there was no evidentiary basis supporting Defendant’s argument that KORA requirements are punishment as applied to violent offenders, the court could not conduct the appropriate analysis to determine KORA’s alleged punitive effects on violent offenders such as Defendant; and (2) because the registration requirements did not increase Defendant’s punishment under the law of this case, it was not necessary that Defendant’s use of a deadly weapon be found by a jury.