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 adjudications 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 adjudication 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
adjudication shall be classified as a nonperson crime.
an out-of-state adjudication 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. 2011
Supp. 21-6811[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 crimes in the current case were committed, the
Kansas criminal code did not have any offense that was
comparable to the Florida crimes of burglary in the first
degree or burglary in the second degree, and, therefore, a
Florida juvenile adjudication for those Florida offenses must
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 818,
377 P.3d 1174 (2016).
from Shawnee District Court; Richard D. Anderson, 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.
Patrick H. Dunn, of Kansas Appellate Defender Office, argued
the cause and was on the briefs for appellant.
Litfin, deputy district attorney, argued the cause, and Kyle
Edelman, assistant district attorney, Chadwick J. Taylor,
former district attorney, Michael F. Kagay, district
attorney, and Derek Schmidt, attorney general, were with her
on the briefs for appellee.
Buell seeks review of the Court of Appeals' determination
that the district court correctly classified two prior
Florida burglary juvenile adjudications as person felonies
when calculating Buell's criminal history score under the
revised Kansas Sentencing Guidelines Act (KSGA). State v.
Buell, 52 Kan.App.2d 818, 377 P.3d 1174 (2016). Buell
argues, inter alia, that the Florida crimes were not
comparable to the person felony of burglary of a dwelling in
the current Kansas criminal code because the elements of the
out-of-state adjudications were broader than the elements of
the Kansas reference offense. We agree. The Court of Appeals
decision is reversed, Buell's sentence is vacated, and
the matter is remanded to the district court to resentence
Buell with a criminal history score that characterizes the
Florida juvenile adjudications as nonperson felonies.
and Procedural Overview
result of events taking place on January 20, 2012, Buell
pleaded guilty to robbery and attempted kidnapping in the
District Court of Shawnee County, Kansas. The presentence
investigation (PSI) report calculated Buell's criminal
history score as A, based in part on two prior juvenile
adjudications in Florida. One adjudication was identified as
a burglary of a dwelling and the other was referred to as
burglary of a dwelling while armed.
sentencing, Buell objected to his criminal history score.
Specifically, he argued that the burglary of a dwelling while
armed adjudication should not have been classified as a
person felony because Kansas has no comparable offense. The
district court looked at the Florida charging document and
case disposition before overruling Buell's objection.
Thereupon, the ...