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. Walter

Court of Appeals of Kansas

May 18, 2018

State of Kansas, Appellee,
v.
Kenny Bruce Walter, Appellant.

         SYLLABUS BY THE COURT

         1. In order to follow the revised Kansas Sentencing Guidelines properly, a sentencing court must know two things: the severity level of the crime of conviction and the criminal history of the person committing that crime.

         2. According to the revised Kansas Sentencing Guidelines, crimes against persons are more serious and thus lead to longer sentences than other crimes.

         3. Whether an out-of-state conviction is treated as a person or nonperson crime is based on the classification of the "comparable" Kansas offense in effect at the time the current offense was committed. If Kansas does not have a comparable offense, the out-of-state conviction is classified as a nonperson crime.

         4. For an out-of-state conviction to be comparable to an offense under the Kansas criminal code, the elements of the out-of- state crime cannot be broader than the elements of the Kansas crime. 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 compared.

          Appeal from Johnson District Court; Timothy P. McCarthy, judge.

          Ryan J. Eddinger, of Kansas Appellate Defender Office, for appellant.

          Shawn E. Minihan, assistant district attorney, Stephen M. Howe, district attorney, and Derek Schmidt, attorney general, for appellee.

          Before Bruns, P.J., Hill, J., and Walker, S.J.

          Hill, J.

         In this appeal, we must decide if the sentencing court erred when it calculated Kenny Bruce Walter's criminal history score when it scored two Missouri burglary convictions as person felonies. By using the "identical or narrower" test recently adopted by our Supreme Court, our legal conclusion differs. We hold that the elements of the Missouri statutes for first- and second-degree burglary are not identical to, nor are they narrower than, the Kansas burglary statute. Thus, the sentencing court erred by establishing and using an incorrect criminal history score. We vacate Walter's sentence and remand for resentencing with directions that his two Missouri convictions must be classified as nonperson felonies when computing his criminal history score.

         Walter objected to the convictions' classifications.

         Walter pled guilty to aggravated battery, a severity level 7 person felony. Citing State v. Dickey, 301 Kan. 1018, 350 P.3d 1054 (2015), he objected to the classification of his two Missouri burglary convictions as person felonies, The sentencing court overruled his objection and, based on three person felonies in Walter's criminal history, found his criminal history score was A. The court then sentenced Walter to 30 months in prison.

         On appeal, Walter contends that his Missouri convictions are not comparable to any form of burglary in Kansas. In opposition, the State makes alternative arguments, first contending that the Missouri and Kansas burglary statutes are comparable and then arguing the term "inhabitable structure" found in the Missouri statute actually contains alternative elements, not alternative means and is thus comparable. By ...


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.