State v. SturgisAnnotate this Case
The district court incorrectly sentenced Defendant by misclassifying a 2007 Michigan home invasion conviction as a person felony when calculating Defendant’s criminal history score under the revised Kansas Sentencing Guidelines Act.
Defendant was convicted of criminal possession of a firearm and theft. The sentencing court imposed a sentence of eighteen months’ imprisonment. The court of appeals affirmed, holding (1) the prosecutor committed two errors during closing argument, but the errors were harmless; and (2) the district court correctly classified the Michigan conviction as a person felony. The Supreme Court affirmed Defendant’s convictions but vacated his sentence, holding (1) the prosecutorial error in closing argument was harmless; but (2) the Michigan conviction must be scored as a nonperson felony because the Michigan home invasion was not comparable to the Kansas offense of burglary of a dwelling as it existed when Defendant committed the crimes in this case.