State v. GilkesAnnotate this Case
The Supreme Court vacated the district court’s order obligating Appellant to register as an offender under the Kansas Offender Registration Act (KORA), Kan. Stat. Ann. 22-4901 et seq., following Appellant’s conviction for aggravated assault.
On appeal, Appellant argued that the registration requirement was an illegal sentence because the district court did not make a factual finding on the record that he used a deadly weapon in the commission of a person felony, pursuant to Kan. Stat. Ann. 22-4902. The Supreme Court agreed, holding that because there was no record that the court made a finding that Appellant used a deadly weapon in committing his crime of conviction, Appellant was not an “offender” as defined by section 22-4902(e)(2).