appellate court will not consider new issues raised for the
first time in a letter of additional authority under Supreme
Court Rule 6.09 (2019 Kan. S.Ct. R. 39).
Kansas Sentencing Guidelines Act, K.S.A. 21-4701 et seq.,
uses prior out-of-state convictions when calculating a
person's criminal history. Under the Act, Kansas
classifies an out-of-state conviction as a person or
nonperson offense by referring to comparable offenses under
the Kansas criminal code. If the Kansas criminal code does
not have a comparable offense, the out-of-state conviction is
classified as a nonperson crime.
legality of a sentence under K.S.A. 2018 Supp. 22-3504 is
controlled by the law in effect at the time the sentence was
pronounced. Therefore, a sentence that was legal when
pronounced does not become illegal if the law subsequently
of the judgment of the Court of Appeals in an unpublished
opinion filed October 7, 2016.
from Sedgwick District Court; John J. Kisner, Jr., judge.
Maharry, of Kansas Appellate Defender Office, argued the
cause, and Kimberly Streit Vogelsberg, of the same office,
was on the briefs for appellant.
J. Gillett, assistant district attorney, argued the cause,
and Marc Bennett, district attorney, and Derek Schmidt,
attorney general, were with him on the brief for appellee.
M. Weber challenges the district court's denial of a
motion to correct an illegal sentence. He argues his 1976
Michigan conviction for assault with intent to commit
criminal sexual conduct, second degree, was improperly scored
as a person crime, resulting in a longer sentence following
his 2007 attempted robbery conviction in Kansas. The Court of
Appeals determined the person classification was correct.
State v. Weber, No. 113, 472, 2016 WL 5867238, at *3
(Kan. App. 2016) (unpublished opinion).
overarching issue is whether the sentencing court properly
classified Weber's 1976 Michigan conviction as a person
crime. If it is scored as a nonperson crime, Weber's
criminal history score is C instead of B. See K.S.A. 21-4709.
That change would move Weber's sentence from presumptive
imprisonment to presumptive probation, and the low grid-box
sentence would drop from 27 to 25 months. See K.S.A. 21-4704.
affirm in accordance with State v. Murdock, 309 Kan.
585, 591, 439 P.3d 307 (2019) (Murdock II) (holding
sentence that was legal when pronounced does not ...