State v. MurdockAnnotate this Case
The Supreme Court reversed the judgment of the district court sentencing Defendant a third time for two counts of aggravated robbery and one count of robbery, holding that Defendant's second sentence was legally imposed, and this Court's subsequent decision in State v. Keel, 357 P.3d 251 (Kan. 2015), did not render that sentence illegal.
In his first appeal, Defendant argued that the district court miscalculated his criminal history score when it classified his two out-of-state offenses as person crimes, which resulted in a criminal history score of A. The Supreme Court agreed. At resentencing, the district court followed the Supreme Court's mandate and scored Defendant's prior out-of-state convictions as nonperson felonies, resulting in a criminal history score of C. Thereafter, the Supreme Court decided Keel, which overruled State v. Murdock, 323 P.3d 846 (Kan. 2014). The State moved to correct Murdock's sentence, and the district court granted the motion, resentencing Defendant a third time and finding a criminal history score of A. The Supreme Court reversed and remanded with directions to reinstate Defendant's second sentence, holding that Defendant's second sentence was legal when pronounced, and Keel did not render Defendant's second sentence illegal.