State v. DonaldsonAnnotate this Case
Defendant was convicted of sale of cocaine and was sentenced under the Kansas Sentencing Guidelines Act (KSGA). In calculating Defendant’s criminal history score, the sentencing court classified as a person crime a 1990 felony adjudication for burglary. Defendant later filed a motion to correct an illegal sentence, arguing that the classification of the felony adjudication for burglary was error under State v. Dickey, 350 P.3d 1054 (Kan. 2015) (Dickey I), which held that pre-KSGA convictions and juvenile adjudications of burglary under Kan. Stat. Ann. 21-3715 must be classified as nonperson felonies. The district court denied relief. The Supreme Court reversed and vacated Defendant’s sentence based on Dickey I, holding that the sentencing court improperly classified Defendant’s 1990 burglary adjudication as a person felony, resulting in an incorrect criminal history score and an illegal sentence. The court remanded for resentencing with directions to reclassify the 1990 burglary adjudication as a nonperson felony.