State v. SartinAnnotate this Case
The Supreme Court affirmed the court of appeals' decision affirming the district court's summary denial of Defendant's motion to correct an allegedly illegal sentence but reversed its erroneous holding that it could not consider the legality of Defendant's other four prior Illinois convictions, holding that an appellate court has the authority to consider an illegal sentence issue raised for the first time on appeal.
Before the district court, Defendant argued that five of his prior Illinois convictions were improperly classified as person felonies in his Kansas Sentencing Guidelines Act criminal history calculation. The court of appeals rejected Defendant's challenge to the classification of one of his prior convictions but refused to consider the legality of the other four convictions on the grounds that those challenges were made for the first time on appeal. The Supreme Court held that the court of appeals (1) properly concluded that one of Defendant's prior convictions was properly scored as a person felony; but (2) erred when it declined to consider the legality of Defendant's sentence from the perspective of the classification of all five prior Illinois convictions.