State v. Russ
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The Supreme Court affirmed decision of the court of appeals affirming the sentencing court's classification of Defendant's prior misdemeanor convictions for violating a City of Wichita municipal ordinance as person offenses to calculate Defendant's criminal history score, holding that the court of appeals did not err when it held that the district court properly classified the municipal violations as person offenses because the Wichita domestic battery ordinance is narrower than the comparable state statute.
Defendant pleaded guilty to attempted second-degree murder. On appeal, Defendant argued that the district court erred by classifying four of his prior municipal ordinance convictions, including domestic battery convictions, as person offenses because the domestic battery ordinances were broader than the counterpart Kansas statute. The court of appeals affirmed. The Supreme Court affirmed, holding that, applying State v. Weitrich, 412 P.3d 984 (Kan. 2018), to this case, the court of appeals correctly held that Defendant's previous domestic battery ordinance violations were person offenses.
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