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State v. Smith

Court of Appeals of Kansas

June 21, 2013

State of Kansas, Appellant,
v.
Bryan Paul Smith, Appellee.

SYLLABUS

K.S.A. 2011 Supp. 21-6810 looks to the offense to determine whether a prior juvenile adjudication has decayed. Because the nature of the offense never changes, if a person commits a crime after he or she turns 25, his or her prior misdemeanor juvenile adjudications decay under K.S.A. 2011 Supp. 21-6810(d)(4)(C) and cannot be used in the calculation of his or her criminal history score. It is irrelevant that the misdemeanor juvenile adjudications have, at some prior time, been converted to person felony adjudications for sentencing purposes under K.S.A. 2011 Supp. 21-6811(a).

Appeal from Leavenworth District Court; Gunnar A. Sundby, judge.

Sherri L. Becker, assistant county attorney, and Derek Schmidt, attorney general, for appellant.

Janine Cox, of Kansas Appellate Defender Office, for appellee.

Before Arnold-Burger, P.J., Green, J., and Larson, S.J.

Arnold-Burger, J.

The State appeals the district court's decision to modify Bryan Paul Smith's criminal history score from A to B after determining that his two converted person felony adjudications decayed under K.S.A. 2011 Supp. 21-6810 and, therefore, could not be considered in determining his criminal history score. Because we find that the statute, K.S.A. 2011 Supp. 21-6811(a), under which Smith's juvenile adjudications were converted from six person misdemeanor adjudications to two person felony adjudications, did not change the nature of the offenses, they were still subject to the decay provisions of K.S.A. 2011 Supp. 21-6810, and the district court did not err in so finding. Accordingly, we affirm.

Factual and Procedural History

Smith was charged with and pled no contest to one count of contributing to a child's misconduct, three counts of burglary of a motor vehicle, five counts of theft of property, one count of possession of methamphetamine, and one count of possession of drug paraphernalia. Although Smith was convicted of all of the crimes, he objected to his criminal history score. Over the State's objection, the district court modified Smith's criminal history score from A to B after determining Smith's six prior misdemeanor juvenile adjudications had decayed because his current crimes were committed after he turned 25 years of age. The district court sentenced Smith to a controlling sentence of 41 months' imprisonment.

The State filed a timely appeal challenging the district court's decision to modify Smith's criminal history score from A to B.

Analysis

The State contends that the district court erred when it modified Smith's criminal history score from A down to B based on the determination that Smith's six misdemeanor juvenile adjudications, which had been converted to two person felony adjudications in a prior case, had decayed and could no longer be considered in determining his criminal history score.

This issue requires the interpretation of K.S.A. 2011 Supp. 21-6810 and K.S.A. 2011 Supp. 21-6811. Interpretation of a statute is a question of law over which appellate courts have unlimited review. St ...


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