BY THE COURT
classification of prior offenses for criminal history
purposes involves interpretation of the revised Kansas
Sentencing Guidelines Act, K.S.A. 2018 Supp. 21-6801 et seq.
Statutory interpretation is a question of law subject to
revised Kansas Sentencing Guidelines Act uses prior
out-of-state convictions when calculating a person's
criminal history. Under the Act, the State classifies an
out-of-state conviction as a person or nonperson offense by
referring to comparable offenses under the Kansas criminal
code. If the code does not have a comparable offense, the
out-of-state conviction is classified as a nonperson crime.
prior out-of-state conviction must have elements identical
to, or narrower than, a Kansas person crime to be scored as a
of the judgment of the Court of Appeals in an unpublished
opinion filed February 9, 2018.
from Reno District Court; Timothy J. Chambers, judge.
Jennifer C. Roth, of Kansas Appellate Defender Office, was on
the brief for appellant.
R. Stanton, deputy district attorney, Keith E. Schroeder,
district attorney, and Derek Schmidt, attorney general, were
on the briefs for appellee.
G. Saucedo seeks review of a Court of Appeals decision
affirming the district court's classification of his
prior Washington state residential burglary conviction as a
person felony. State v. Saucedo, No. 117, 299, 2018
WL 793333 (Kan. App. 2018) (unpublished opinion). He argues
the Washington offense's intent element was broader than
that required to commit a Kansas person crime. We agree.
State v. Wetrich, 307 Kan. 552, 412 P.3d 984 (2018),
and State v. Moore, 307 Kan. 599, 412 P.3d 965
(2018), Saucedo's Washington conviction was not
comparable to any offense under the Kansas criminal code
within the meaning of the revised Kansas Sentencing
Guidelines Act. The Washington crime's mental state
element is not identical to, or narrower than, that of the
Kansas crime. See Moore, 307 Kan. at 603 (comparing
the intent element for the Oregon burglary conviction to the
Kansas offense of burglary of a dwelling). Saucedo's
sentence must be vacated and the case remanded to the
district court to resentence him with a criminal history
score characterizing the Washington conviction as a nonperson
Factual and Procedural Background
pleaded guilty to two drug-related felony convictions for
conduct that occurred in April 2014: possession of marijuana
with intent to sell and possession of drug paraphernalia. The
district court held a sentencing hearing in February 2016.
court calculated a criminal history score of B, based in part
on classifying as person felonies a 2001 Washington
conviction for "attempting to elude a police
vehicle" and a 2003 Washington conviction for
"residential burglary." Saucedo's presumptive
sentence range increased under K.S.A. 2018 Supp. 21-6805 due
to his criminal history score. The court granted a durational
departure for a controlling ...