As Amended September 19, 2014.
Review of the judgment of the Court of Appeals in an unpublished opinion filed September 9, 2011.
Appeal from Shawnee District Court; NANCY E. PARRISH, judge.
Judgment of the Court of Appeals affirming the district court is reversed. Judgment of the district court is reversed and remanded with directions.
BY THE COURT
1. K.S.A. 21-4711(e) governs the classification of out-of-state crimes/convictions as person or nonperson offenses. It provides in part that if the state of Kansas does not have a comparable offense, the out-of-state conviction must be classified as a nonperson offense.
2. A fundamental rule for sentencing is that the person convicted of a crime is sentenced in accordance with the sentencing provisions in effect at the time the crime was committed.
3. The appellate rule that the penalty parameters for an offense are fixed as of the date of the commission of the offense is fair, logical, and easy to apply.
4. Kansas did not begin classifying crimes as person or nonperson offenses until 1993 when the Kansas Sentencing Guidelines Act, K.S.A. 21-4701 et seq., was enacted.
5. When calculating a defendant's criminal history that includes out-of-state convictions committed prior to enactment of the Kansas Sentencing Guidelines Act, K.S.A. 21-4701 et seq., the out-of-state convictions must be classified as nonperson offenses. Prior caselaw contrary to this holding is overruled.
Patrick H. Dunn, of Kansas Appellate Defender Office, argued the cause, and Ryan Eddinger, of the same office, was on the brief for appellant.
Jodi E. Litfin, assistant district attorney, argued the cause, and Natalie Chalmers, assistant district attorney, Chadwick J. Taylor, district attorney, and Derek Schmidt, attorney general, were on the brief for appellee.
BILES, J. ROSEN, J., dissenting. LUCKERT and MORITZ, JJ., join in the foregoing dissent.
[299 Kan. 313] Biles, J.
Jimmy Murdock argues the district court erroneously calculated his criminal history score during a sentencing proceeding by treating two prior out-of-state convictions from 1984 and 1990 as person crimes instead of nonperson crimes. The issue is rare because these prior out-of-state offenses were committed before enactment of the Kansas Sentencing Guidelines Act (KSGA), K.S.A. 21-4701 et seq., and the KSGA does not expressly provide how such offenses should be classified. We conclude these convictions should be treated as nonperson offenses. Accordingly, we reverse the Court of Appeals and the district court and remand for resentencing with directions to classify the two prior out-of-state convictions as nonperson offenses.
Factual and Procedural Background
Murdock pleaded guilty to two counts of aggravated robbery and one count of robbery for crimes occurring in December 2008. To calculate his sentence, the district court found Murdock had two Illinois robbery convictions from 1984 and 1990 and a 1996 Kansas robbery conviction. It classified all three prior convictions as person offenses, which gave Murdock three or more adult convictions for person felonies. This treatment placed him in criminal history category A under K.S.A. 21-4709. Murdock was sentenced to 233 months' imprisonment for the first aggravated robbery conviction and concurrent 36-month sentences for the remaining two convictions. He would have fallen within criminal history category C if the two out-of-state convictions had been designated as nonperson offenses, resulting in a lesser sentence. See K.S.A. 21-4709; K.S.A. 21-4704.
Murdock timely appealed his sentences to the Court of Appeals, arguing the two out-of-state convictions were wrongly classified as person offenses. The Court of Appeals affirmed the district court in State v. Murdock, 259 P.3d 748, 2011 WL 4031550, at *3 (Kan. App. 2011) (unpublished opinion). Murdock petitioned for this court's review, which was ...