Law Review and Bar Journal References:

"Delacruz: Following the Nichols Court Through the Looking Glass," Eric Lawrence, 44 K.L.R. 1045 (1996).

"Sentencing Considerations: Representing Other-State Residents in Kansas and Representing Kansas Residents in Missouri," Phillip Burdick, J.K.T.L.A. Vol. XX, No. 2, 16 (1996).

"The Kansas Stalking Law: A 'Credible Threat' to Victims. A Critique of the Kansas Stalking Law and Proposed Legislation," Callie Anderson Marks, 36 W.L.J. 468 (1997).

Survey of Recent Cases, 45 K.L.R. 1394 (1997).

"Solidifying the Use of Juvenile Proceedings as Sentence Enhancement and Clarifying Second-Degree Murder," Kay Redeker, 37 W.L.J. 483 (1998).

Survey of Recent Cases, 46 K.L.R. 916 (1998).

"2001 Legislative Wrap Up," Paul T. Davis, 70 J.K.B.A. No. 7, 14 (2001).

"Criminal Procedure Survey of Recent Cases, Kansas Issue," 52 K.L.R. 771 (2004).

Attorney General's Opinions:

Determination of offenders criminal history classification; "occurring within a period of three years." 1998-42.

Juvenile intake process, use of POSIT questionnaire. 2001-53.

CASE ANNOTATIONS

1. Whether sentencing attempted burglary of dwelling conviction should be classified as person felony for criminal history examined. State v. Fifer, 20 Kan. App. 2d 12, 13, 16, 881 P.2d 589 (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. Municipal convictions are not counted in criminal history under 1993 version of K.S.A. 21-4710. State v. Dunn, 21 Kan. App. 2d 359, 360, 900 P.2d 245 (1995).

4. An out-of-state misdemeanor may be considered comparable to a Kansas felony for conversion to person or nonperson crime purposes. State v. LaGrange, 21 Kan. App. 2d 477, 481, 901 P.2d 44 (1995).

5. Out-of-state conviction of burglary of gas station should have been classified as nonperson felony for criminal history purposes. State v. Schultz, 22 Kan. App. 2d 60, 61, 911 P.2d 1119 (1996).

6. Scoring three prior misdemeanors as one felony does not violate defendant's due process or ex post facto rights. State v. Beard, 22 Kan. App. 2d 877, 879, 924 P.2d 1268 (1996).

7. Classification of prior juvenile adjudications considered in determination of criminal history score. State v. Kirkland, 23 Kan. App. 2d 530, 531, 933 P.2d 160 (1997).

8. Most comparable Kansas offense determines whether prior conviction felony or misdemeanor when it occurred in jurisdiction not distinguishing between same. State v. Hernandez, 24 Kan. App. 2d 285, 287, 944 P.2d 188 (1997).

9. Municipal nonselect class B nonperson misdemeanors may be used in calculating criminal history scores. State v. Briggs, 24 Kan. App. 2d 621, 629, 950 P.2d 273 (1997).

10. Municipal ordinance violations treated the same as comparable misdemeanors in determining criminal history classifications. State v. Vega-Fuentes, 264 Kan. 10, 11, 955 P.2d 1235 (1998).

11. Municipal conviction comparable to class C misdemeanor cannot be aggregated with two A or B misdemeanors to form felony. State v. Messinger, 25 Kan. App. 2d 339, 340, 967 P.2d 1081 (1998).

12. Under facts, storage shed previously used as residence considered a dwelling under state burglary statute. Herrick v. State, 25 Kan. App. 2d 472, 475, 965 P.2d 844 (1998).

13. Out-of-state juvenile adjudications are treated as juvenile adjudications in Kansas. State v. Presha, 27 Kan. App. 2d 645, 8 P.2d 14 (2000).

14. To enhance criminal history, defendant must have been driving under influence of both alcohol and drugs. State v. Manbeck, 277 Kan. 224, 83 P.3d 190 (2004).

15. Burden remains upon state to justify classification of defendant's prior out-of-state convictions on remand. State v. Donaldson, 35 Kan. App. 2d 540, 546, 133 P.3d 154 (2006).

16. State must establish by preponderance of the evidence facts required to classify out-of-state conviction. State v. Siesener, 35 Kan. App. 2d 649, 650, 137 P.3d 498 (2006).

17. Cited in discussion of when a burglary is classified as a person felony or nonperson felony. State v. May, 39 Kan. App. 2d 990, 996, 186 P.3d 847 (2008).

18. Uncounseled misdemeanor conviction obtained in violation of 6 th Amendment may not be used to enhance subsequent criminal proceedings. State v. Youngblood, 288 Kan. 659, 206 P.3d 518 (2009).

19. Conviction under K.S.A. 21-4202(a)(2) reversed; prior burglary conviction not proven to be burglary of a dwelling. State v. Roose, 41 Kan. App. 2d 435, 203 P.3d 18 (2009).

20. Defendant's California conviction not comparable to any Kansas offense; sentence vacated. State v. Barajas, 43 Kan. App. 2d 639, 230 P.3d 784 (2010).

21. State failed to meet its burden to show that defendant's waiver in prior misdemeanor convictions was knowingly and intelligently made; recalculation of criminal history score ordered. State v. Hughes, 290 Kan. 159, 224 P.3d 1149 (2010).

22. Comparable Kansas offenses are determined by the dates that defendant committed the prior out-of-state offenses. State v. Williams, 291 Kan. 554, 244 P.3d 667 (2010).

23. Out-of-state municipal ordinance convictions used to calculate offender's criminal history score. State v. Lackey, 45 Kan. App. 2d 257, 246 P.3d 998 (2011).

24. Defendant's six prior juvenile misdemeanor convictions that were consolidated into two person felony convictions in prior proceedings occurring before defendant's 25 th birthday decayed under statute and could not be considered for purposes of calculating sentence imposed for offenses that occurred after reaching age 25. State v. Smith, 49 Kan. App. 2d 88, 304 P.3d 359 (2013).

25. If state of Kansas does not have a comparable offense for out-of-state conviction, then the conviction is classified as a nonperson offense. State v. Murdock, 299 Kan. 312, 318, 323 P.3d 846 (2014).

26. Out-of-state crimes committed prior to enactment of the Kansas sentencing guidelines act must be classified as nonperson offenses when calculating a defendant's criminal history. State v. Ruiz, 51 Kan. App. 2d 212, 232, 343 P.3d 544 (2015).

27. Prior deferred adjudication upon defendant's guilty plea was not a "conviction" that could be counted in calculating criminal history in subsequent convictions. State v. Hankins, 304 Kan. 226, 233-239, 372 P.3d 1124 (2016).

28. When an out-of-state conviction was properly scored at the time of sentencing, a subsequent change of law does not make the sentence illegal. State v. Weber, 309 Kan. 1203, 1208-09, 442 P.3d 1044 (2019).

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