State v. Obregon
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The Supreme Court affirmed in part and reversed in part the decision of the court of appeals remanding Defendant's case for a jury trial on whether a firearm sentence enhancement was appropriate and vacated Defendant's sentence after he pled no contest to drug offenses, holding that the district court must reconsider its decision classifying a prior Florida battery conviction as a person felony and that the resentencing should proceed without the firearm enhancement.
The court of appeals concluded that the district court properly calculated Defendant's criminal history score but held that Defendant invalidly waived his right to a jury trial on the firearm enhancement. The Supreme Court vacated the sentences and remanded the case for resentencing, holding (1) applying the clarified standard of review in State v. Wetrich, 412 P.3d 984 (Kan. 2018), the district court erred in classifying Defendant's Florida battery conviction as a person crime; and (2) the court of appeals erred by remanding Defendant's case for a jury to determine if the firearm enhancement should apply.
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