21-4715.
History: L. 1992, ch. 239, § 15; L. 2002, ch. 163, § 3; L. 2009, ch. 132, § 13; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Law Review and Bar Journal References:
Survey of Recent Cases, 45 K.L.R. 1392 (1997).
"Solidifying the Use of Juvenile Proceedings as Sentence Enhancement and Clarifying Second-Degree Murder," Kay Redeker, 37 W.L.J. 483 (1998).
Criminal Procedure Edition, 47 K.L.R. 937 (1999).
"Giving Credit when Credit is due, The Kansas law on jail time credit," Franklin R. Pierce, 69 J.K.B.A. No. 9, 22 (2000).
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. Whether the state is statutorily precluded from challenging defendant's criminal history worksheet examined. State v. Hankins, 19 Kan. App. 2d 1036, 1044, 880 P.2d 271 (1994).
2. Authentication requirements for in-state and out-of-state court documents for use in establishing criminal history discussed. State v. Strickland, 21 Kan. App. 2d 12, 13, 900 P.2d 854 (1995).
3. Trial court erred by resentencing defendant based in part on defendant's misrepresentation of criminal history. State v. Tolliver, 22 Kan. App. 2d 374, 381, 916 P.2d 725 (1996).
4. Evidence sufficient to support admission of records of defendant's out-of-state juvenile adjudications. State v. White, 23 Kan. App. 2d 363, 366, 372, 931 P.2d 1250 (1997).
5. At resentencing, state may present proper authenticating documents of defendant's criminal history. State v. Strickland, 23 Kan. App. 2d 615, 616, 933 P.2d 782 (1997).
6. Defendant's admission of criminal history provided adequate proof precluding hearing. State v. Mosley, 25 Kan. App. 2d 519, 526, 965 P.2d 848 (1998).
7. State may rely upon newly discovered convictions to enhance defendant's criminal history if (1) found prior to sentencing and (2) defendant is afforded an opportunity to contest; counsel not ineffective. Jenkins v. State, 32 Kan. App. 2d 702, 87 P.3d 983 (2004).
8. Sentencing court can consider prior conviction overlooked in presentence criminal history report in another case. State v. Welty, 33 Kan. App. 2d 122, 98 P.3d 664 (2004).
9. Cited; if objection filed to criminal history, state has burden to prove disputed part. State v. Schow, 287 Kan. 529, 535 to 539, 197 P.3d 825 (2008).
10. If uncounseled misdemeanor conviction resulted in no prison term, conviction may be used to enhance later sentence. State v. Long, 41 Kan. App. 2d 477, 203 P.3d 45 (2009).
11. Defendant's misdemeanor convictions were obtained in violation of his 6 th Amendment right and should not have been scored in his criminal history. State v. Long, 43 Kan. App. 2d 328, 225 P.3d 754 (2010).
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