State v. Wetrich

The district court incorrectly sentenced Defendant by misclassifying a 1988 Missouri conviction as a person felony, and thereby, miscalculating Defendant’s criminal history score as C, when it should have been E. The Supreme Court affirmed the decision of the court of appeals, reversed the judgment of the district court, and vacated Defendant’s sentence, holding (1) the Missouri conviction for second-degree burglary was not comparable to the Kansas offense of burglary of a dwelling; and (2) when Defendant’s current crime was committed, the State did not have a comparable offense to Missouri’s second-degree burglary, and therefore, that prior conviction had to be classified as a nonperson felony. View "State v. Wetrich" on Justia Law