State v. Dubry
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The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court denying Defendant's motion to correct his sentence several years after it was imposed, holding that State v. Murdock, 439 P.3d 307 (Kan. 2019), barred relief.
In his motion to correct his sentence, Defendant argued that the sentencing court improperly scored a prior Wyoming conviction as a person crime. The court of appeals affirmed, holding that the Wyoming conviction was appropriately classified as a person crime on the date the current crime was committed. At issue on appeal was whether the new rule announced in State v. Wetrich, 412 P.3d 984 (Kan. 2018), applied to Defendant's sentence. The Supreme Court affirmed, holding that Wetrich did not apply because, under Murdock, a sentence that was legal when pronounced does not become illegal if the law subsequently changes.
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