State v. SaucedoAnnotate this Case
The Supreme Court reversed the decision of the court of appeals affirming the district court's classification of Defendant's prior Washington state residential burglary conviction as a person felony, holding that the Washington offense's intent element was broader than that required to commit a Kansas person crime.
Defendant pleaded guilty to two drug-related felony convictions that occurred in 2014. In 2016, the district court held a sentencing hearing. The court calculated a criminal history score of B, based in part on classifying as a person felony a 2003 Washington conviction for residential burglary. After Defendant was sentenced he appealed, arguing that the sentencing court erred in classifying his Washington residential burglary conviction as a person felony because the Washington statute was broader than the Kansas burglary statute. The court of appeals affirmed. The Supreme Court reversed, holding that Defendant's prior residential burglary must be scored as a nonperson felony under Kan. Stat. Ann. 21-6811(e)(3).