State v. Collier

Defendant was convicted of a 1993 aggravated robbery and sentenced under the Kansas Sentencing Guidelines Act (KSGA). The sentencing court, in calculating Defendant’s criminal history score, classified as person felonies three residential burglary offenses that Defendant committed in the late 1980s. Defendant filed a motion to correct his aggravated robbery sentence, arguing that the offenses were misclassified. The Supreme Court affirmed, holding (1) Defendant was not entitled to have the offenses classified as nonperson offenses under State v. Murdock, 323 P.3d 846 (Kan. 2014); (2) Defendant was not entitled to have the offense classified as nonperson offenses under State v. Dickey, 350 P.3d 1054 (Kan. 2015); (3) the KSGA’s person/nonperson classification of pre-KSGA offenses does not violate the Sixth Amendment’s prohibition on nonjury factual findings that increase a defendant’s sentence; and (4) the district court did not err by denying Defendant’s motion without a hearing. View "State v. Collier" on Justia Law