BY THE COURT
classification of prior offenses for criminal history
purposes involves the interpretation of the revised Kansas
Sentencing Guidelines Act; statutory interpretation is a
question of law subject to unlimited review.
Prior out-of-state convictions are used in the calculation of
a person's criminal history score under the revised
Kansas Sentencing Guidelines Act. The State of Kansas shall
classify the out-of-state conviction as a person or nonperson
offense by referring to comparable offenses under the Kansas
criminal code in effect on the date the current crime of
conviction was committed. If the State of Kansas does not
have a comparable offense in effect on the date the current
crime of conviction was committed, the out-of-state
conviction shall be classified as a nonperson crime.
an out-of-state conviction to be comparable to an offense
under the Kansas criminal code, within the meaning of K.S.A.
2017 Supp. 21-6811(e)(3) (the amended version of K.S.A. 2004
Supp. 21-4711[e]), the elements of the out-of-state crime
cannot be broader than the elements of the Kansas crime. In
other words, the elements of the out-of-state crime must be
identical to, or narrower than, the elements of the Kansas
crime to which it is being referenced.
the time the crime in the current case was committed, the
Kansas criminal code did not have any offense that was
comparable to the 1984 Oregon crime of burglary in the first
degree, and, therefore, the out-of-state conviction for that
Oregon offense had to be classified as a nonperson felony
under the revised Kansas Sentencing Guidelines Act.
of the judgment of the Court of Appeals in 52 Kan.App.2d 799,
377 P.3d 1162 (2016).
from Sedgwick District Court; Joseph Bribiesca, judge.
Judgment of the Court of Appeals affirming the district court
is reversed. Judgment of the district court is reversed,
sentence is vacated, and case is remanded with directions.
Corrine E. Gunning, of Kansas Appellate Defender Office,
argued the cause, and Joanna Labastida, of the same office,
was on the briefs for appellant.
J. Maloney, assistant district attorney, argued the cause,
and Marc Bennett, district attorney, and Derek Schmidt,
attorney general, were with him on the brief for appellee.
H. Moore seeks review of the Court of Appeals'
determination that the district court correctly classified a
1984 first-degree burglary conviction in Oregon as a person
felony when calculating Moore's criminal history score
under the revised Kansas Sentencing Guidelines Act (KSGA).
State v. Moore, 52 Kan.App.2d 799, 377 P.3d 1162
(2016). Moore argues, inter alia, that the Oregon
crime was not comparable to the person felony of burglary of
a dwelling in the Kansas criminal code applicable to him
because the elements of the out-of-state conviction were
broader than the elements of the Kansas reference offense. We
agree. The Court of Appeals decision is reversed, Moore's
sentence is vacated, and the matter is remanded to the
district court to resentence Moore with a criminal history
score that characterizes the Oregon conviction as a nonperson
and Procedural Overview
January 12, 2005, in the District Court of Sedgwick County,
Kansas, Moore pled guilty to one count of aggravated indecent
liberties with a child. The district court calculated a
criminal history score of A, based in part on classifying a
1984 burglary conviction in Oregon as a person felony for
KSGA purposes. As a result, Moore was sentenced to 494 months
later, on December 24, 2014, Moore filed a motion to correct
an illegal sentence, arguing that his pre-1993 out-of-state
burglary conviction should have been scored as a nonperson
felony. The Sedgwick ...