State v. EwingAnnotate this Case
The Supreme Court vacated Defendant's sentence in each of three docketed cases in this appeal and remanded each for resentencing, holding that the sentencing court erred in classifying two Arkansas misdemeanors as person offenses when determining Defendant's criminal history score after he pleaded guilty to three counts of felony theft and one count of attempted aggravated burglary.
The court of appeals held that Defendant's Arkansas false imprisonment conviction was properly scored as a person crime but vacated the sentences because the record was unclear what statute or subsection Defendant's Arkansas battery offense arose under. The Supreme Court affirmed in part and reversed in part, holding (1) there is no comparable Kansas person crime to the Arkansas false imprisonment conviction, and therefore, the lower courts erred when concluding that the Arkansas offense should be classified as a person crime; and (2) insufficient evidence supported the person-crime classification for the Arkansas battery conviction because the record did not reflect which statutory provision Defendant was convicted under. Therefore, remand was required for the district court to conduct further proceedings before classifying the Arkansas battery conviction.