Attorney General's Opinions:

Discusses whether records of "custody time," the amount of time a person has been incarcerated, are open or closed depending on holder of records. 2002-29.

CASE ANNOTATIONS

1. Cited; whether defendant's exclusion from limited retroactivity provision of state sentencing guidelines violates equal protection examined. Chiles v. State, 254 Kan. 888, 891, 869 P.2d 707 (1994).

2. Whether juvenile adjudication can be used to enhance severity level of theft conviction examined. In re J.E.M., 20 Kan. App. 2d 596, 599, 890 P.2d 364 (1995).

3. Whether sentencing judge has discretion to impose concurrent or consecutive sentences in multiple conviction cases examined. State v. Peal, 20 Kan. App. 2d 816, 819, 893 P.2d 258 (1995).

4. Whether substantial and compelling reasons existed for departure from presumptive sentence examined. State v. Richardson, 20 Kan. App. 2d 932, 943, 901 P.2d 1 (1995).

5. Whether court erred in using convictions which defendant is actively serving in computing criminal history examined. State v. Austin, 20 Kan. App. 2d 950, 955, 901 P.2d 1 (1995).

6. Aggravated indecent liberties with a child is a severity level 3 person felony under 1993 KSGA (K.S.A. 21-4701 et seq.). State v. Shaw, 21 Kan. App. 2d 460, 462, 901 P.2d 49 (1995).

7. Criminal history may not be basis for upward departure if considered in determining presumptive sentence. State v. Hawes, 22 Kan. App. 2d 837, 840, 923 P.2d 1064 (1996).

8. Specific inclusion of juvenile offender in section precludes application thereto by pre-1996 aggravated escape from custody section (K.S.A. 21-3810). State v. Clint L., 262 Kan. 174, 178, 936 P.2d 235 (1997).

9. Municipal ordinance violations treated the same as comparable misdemeanors in determining criminal history classifications. State v. Vega-Fuentes, 264 Kan. 10, 15, 955 P.2d 1235 (1998).

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