State v. Weber

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The Supreme Court affirmed the district court's denial of Defendant's motion to correct an illegal sentence, holding that the sentencing court properly classified Defendant's 1976 Michigan conviction as a person crime in accordance with State v. Murdock, 439 P.3d 307 (Kan. 2019).Defendant pleaded guilty to a 2007 attempted robbery. A presentence investigation (PSI) revealed that Defendant had two prior convictions - a 1976 Michigan conviction for assault with intent to commit criminal sexual conduct and a 1979 Michigan conviction for criminal sexual conduct. The previous convictions were scored as person felonies, giving Defendant a criminal history score of B. In 2014, Defendant filed his motion to correct an illegal sentence, arguing that both Michigan convictions should have been scored as nonperson felonies based on recent changes in law. The district court denied the motion. The court of appeals affirmed. The Supreme Court affirmed in accordance with Murdock, which holds that a sentence that was legal when pronounced does not become illegal if the law subsequently changes. View "State v. Weber" on Justia Law