Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Campbell

Supreme Court of Kansas

December 15, 2017

State of Kansas, Appellee,
v.
Kenyon T. Campbell, Appellant.

         SYLLABUS BY THE COURT

         1. The general rule in Kansas is that an overruling decision is applied to all similar cases pending as of the date of the overruling decision, regardless of when the cause of action accrued. Consequently, appeals not yet final at the time of the filing of State v. Keel, 302 Kan. 560, 357 P.3d 251 (2015), cert. denied 136 S.Ct. 865 (2016), are governed by that decision and not the decision it overruled, State v. Murdock, 299 Kan. 312, 323 P.3d 846 (2014).

         2. Application of statutes in effect at the time a defendant commits a crime does not violate the Ex Post Facto Clause of the United States Constitution.

         3. Classifying a crime as a person or nonperson offense does not require an offense-specific factual determination or another type of historical factfinding that gives rise to the right to a jury trial under the Sixth Amendment to the United States Constitution. Rather, the determination is a question of law that turns solely on the application of the Kansas Sentencing Guidelines Act-namely, a comparison of the statutory elements of the prior crime to the statutory elements of comparable offenses as codified at the time the current offense was committed.

         4. When presented with a motion to correct an illegal sentence under K.S.A. 22-3504, a district court should conduct a preliminary examination of the motion to determine whether substantial questions of law or fact are raised. This review does not constitute a "proceeding, " which is the key word in K.S.A. 22-3504(1) triggering the right to counsel and the movant's right to be present. If substantial questions of law or fact are not found, the motion may be denied without a "proceeding"-i.e., a hearing at which the movant's presence would be required.

         Appeal from Sedgwick District Court; John J. Kisner, Jr., judge.

          Carl Maughan, of Maughan Law Group, of Wichita, was on the brief for appellant.

          Julie A. Koon, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, were on the brief for appellee.

          OPINION

          LUCKERT, J.

         In 1996, Kenyon T. Campbell was convicted of first-degree murder, an off-grid crime under the Kansas Sentencing Guidelines Act (KSGA), and multiple on-grid crimes. When the district court sentenced Campbell for his on-grid crimes, the court classified several out-of-state convictions as person felonies for purposes of computing Campbell's criminal history score. In 2015, Campbell moved to correct what he claimed was an illegal sentence under State v. Murdock, 299 Kan. 312, 319, 323 P.3d 846 (2014) (all pre-1993 out-of-state convictions must be classified as nonperson felonies when calculating a defendant's criminal history score), overruled by State v. Keel, 302 Kan. 560, 357 P.3d 251 (2015), cert. denied 136 S.Ct. 865 (2016). The district court summarily denied relief, and Campbell appealed.

         We reject each claim of error asserted on appeal and affirm. Specifically, we hold: (1) Campbell is not entitled to have his out-of-state convictions classified as nonperson offenses under Murdock, which was overruled by Keel; (2) application of Keel to Campbell's motion does not violate the Ex Post Facto Clause of the United States Constitution; (3) the KSGA's person/nonperson classification of pre-KSGA offenses presents a question of law and does not require factfinding that implicates the right to a jury as guaranteed by the Sixth Amendment to the United States Constitution; and (4) the district court did not deprive Campbell of a statutory right to a hearing when it summarily denied relief.

         Facts and Procedural History

         A jury convicted Campbell of committing, or participating in the commission of, several offenses in Sedgwick County on March 22, 1996: first-degree murder, aggravated kidnapping, aggravated criminal sodomy, kidnapping, attempted rape, attempted kidnapping, and two counts of aggravated robbery. Campbell entered into a sentencing agreement with the State in which he agreed to be sentenced to life in prison for first-degree murder and to 300 months for aggravated kidnapping, with the 300 months to run concurrent with the life sentence. Campbell and the State further agreed to postpone sentencing on the remaining counts in order to allow Campbell to fulfill his agreement to cooperate in locating Ronald Etheridge, who was also accused of being involved in the crimes, and to testify truthfully at Etheridge's trial. If Campbell fulfilled his part of the agreement, the State committed to recommending a downward durational departures on the sentences that had yet to be imposed.

         Consistent with the agreement, the district court sentenced Campbell to life in prison for the first-degree murder and to 300 months for the aggravated kidnapping conviction. The court took sentencing on the other counts under advisement. In 2000, more than three years after the original sentencing hearing and after Campbell refused to testify at Etheridge's trial, the district court imposed sentence on the remaining counts: 77 months for the aggravated sodomy conviction, 51 months for each aggravated robbery conviction, 51 months for the kidnapping conviction, 19 months for the attempted rape conviction, and 34 months for the attempted ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.