State v. SmithAnnotate this Case
The Supreme Court affirmed the judgment of the court of appeals vacating Defendant's sentence for trafficking contraband in jail, holding that the district court should not have included a Missouri municipal ordinance violation for endangering the welfare of a child as a person misdemeanor when calculating Defendant's criminal history score.
The district court included in Defendant's criminal history score a 2005 Missouri municipal ordinance violation for endangering the welfare of a child. This ordinance violation is not a crime under Missouri state law. On appeal, Defendant argued that the sentencing court erred in classifying her ordinance violation as a misdemeanor. The Supreme Court vacated Defendant's sentence and remanded her case to the district court for resentencing. The Supreme Court affirmed, holding (1) the district court erred in including the municipal ordinance violation in Defendant's criminal history; and (2) the error scoring the violation as a misdemeanor was not harmless.