State v. BuellAnnotate this Case
The district court incorrectly classified two prior Florida burglary adjudications as person felonies when calculating Defendant’s criminal history score under the revised Kansas Sentencing Guidelines Act.
Defendant pleaded guilty to robbery and attempted kidnapping. The district court sentenced Defendant to a total of 122 months in prison, based upon a criminal history score of A. The court of appeals affirmed Defendant’s sentence. The Supreme Court reversed the lower courts and vacated Defendant’s sentence, holding that, pursuant to Kan. Stat. Ann. 21-6811(e)(3), the prior Florida juvenile adjudications must be scored as nonperson felonies.