State v. TerrellAnnotate this Case
The Supreme Court reversed the decision of the court of appeals vacating Defendant's sentence imposed following his plea of guilty to aggravated escape from custody, holding that the court of appeals erred in vacating the reclassification of Defendant's criminal history.
After a hearing, the sentencing court sentenced Defendant to a prison term of forty months, with twenty-four months' postrelease supervision. Defendant filed a motion to correct an illegal sentence, arguing that the sentencing court illegally reclassified his 2005 conviction and sentence from nonperson to person. The trial court denied the motion. The court of appeals vacated the reclassification of Defendant's criminal history. The Supreme Court reversed, holding that under the Kansas Sentencing Guidelines Act, Kan. Stat. Ann. 21-6801 et seq., all prior convictions are to be classified as person or nonperson as of the time the new crime is committed.