State v. MooreAnnotate this Case
The district court incorrectly classified a 1984 first-degree burglary conviction in Oregon as a person felony when calculating Defendant’s criminal history score under the revised Kansas Sentencing Guidelines Act.
Defendant pled guilty to one count of aggravated indecent liberties with a child. The district court sentenced Defendant to a term of imprisonment. Defendant later filed a motion to correct an illegal sentence, arguing that his pre-1993 out-of-state burglary conviction should have been scored as a nonperson felony. The district court summarily denied the motion. The court of appeals affirmed. The Supreme Court reversed the lower courts and vacated Defendant’s sentence, holding that the Oregon burglary conviction must be scored as a nonperson felony because the conviction was not comparable to the Kansas offense of burglary of a dwelling as it existed when Defendant committed the crime in this case.