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. Wilmore

Court of Appeals of Kansas

November 8, 2019

State of Kansas, Appellee,
v.
Brent Michael Wilmore, Appellant.

         SYLLABUS BY THE COURT

         1. Interpretation of a statute is a question of law over which appellate courts have unlimited review.

         2. The plain language of K.S.A. 2018 Supp. 21-6810(d)(10) excludes from criminal history calculations prior convictions that enhance the severity level of the present crime of conviction, elevate the classification of the present crime of conviction from a misdemeanor to a felony, or are elements of the present crime of conviction.

          Appeal from Shawnee District Court; Nancy E. Parrish, judge.

          Korey A. Kaul, of Kansas Appellate Defender Office, for appellant.

          Jodi Litfin, assistant solicitor general, and Derek Schmidt, attorney general, for appellee.

          Before Malone, P.J., Standridge and Warner, JJ.

          Malone, J.

         Brent Michael Wilmore appeals his sentence for his convictions of two counts of indecent liberties with a child. Wilmore claims the district court imposed an illegal sentence when it calculated his criminal history score in violation of K.S.A. 2018 Supp. 21-6810(d)(10). More specifically, he argues that because two of his prior domestic battery convictions were used in an earlier case to elevate the classification of a third domestic battery conviction from a misdemeanor to a felony, the same two domestic battery convictions cannot be used in calculating his criminal history score in this case. Our court has consistently rejected the argument Wilmore is making here in previous unpublished decisions, and we reject it again for the reasons stated in this opinion.

         Facts

         On December 8, 2017, pursuant to a plea agreement, Wilmore pled no contest to and the district court convicted him of two counts of indecent liberties with a child, a severity level 5 person felony. According to the presentence investigation (PSI) report, Wilmore's criminal history included a person felony conviction of aggravated assault in 2015; a person felony conviction of domestic battery in 2016; and three person misdemeanor convictions-including a first conviction of domestic battery in August 2013, a second conviction of domestic battery in November 2013, and a conviction of violating a protective order in 2011. The PSI report calculated Wilmore's criminal history score as A, based on his two prior person felony convictions and the aggregation of his three person misdemeanor convictions into a third person felony.

         At the January 26, 2018 sentencing hearing, Wilmore did not object to his criminal history score. With a criminal history score of A, the sentencing range for a severity level 5 felony, such as indecent liberties with a child, was 122-130-136 months' imprisonment. The district court sentenced Wilmore to a controlling term of 122 months' imprisonment with lifetime postrelease supervision. Wilmore timely appealed his sentence.

         Analysis

         On appeal, Wilmore claims the district court "erred in calculating [his] criminal history score by double-counting his misdemeanor domestic battery convictions." More specifically, Wilmore argues that the district court imposed an illegal sentence when it calculated his criminal history ...


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.