State v. Samuels
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The Supreme Court affirmed Defendant's sentence imposed in connection with his plea of guilty to aggravated intimidation of a witness, aggravated domestic battery, and two counts of violation of a protective order, holding that the sentencing judge did not err in classifying a Missouri kidnapping conviction as a person felony.
When Defendant committed the crimes at issue on appeal, the revised Kansas Sentencing Guidelines Act, Kan. Stat. Ann. 21-6801 et seq., directed sentencing judges to classify an out-of-state conviction as a nonperson crime if no Kansas crime compared to the out-of-state crime. If, however, there was a comparable Kansas crime and the legislature classified it as a person crime, the sentencing judge should also classify the out-of-state conviction as a person crime. The sentencing judge in this case classified Defendant's kidnapping conviction as a person offense. The Supreme Court affirmed, holding that the Missouri crime of felony first-degree kidnapping is comparable to kidnapping as defined by Kan. Stat. Ann. 21-5408, a person felony.
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