Opinion

State v. Obregon

  • 309 Kan. 1267
  • 444 P.3d 331
Court
Supreme Court of Kansas
Filed
Jun 28, 2019
Status
Published
Author
Johnson
On the bench
Biles, Johnson
Cited by
83 cases

holding that "when the crime in question is an out-of-state offense with alternative means—some of which would not be comparable to Kansas person crimes—the State's burden is to establish that the defendant committed a version of the offense supporting the person classification"

How later courts described this case

  • holding that "when the crime in question is an out-of-state offense with alternative means—some of which would not be comparable to Kansas person crimes—the State's burden is to establish that the defendant committed a version of the offense supporting the person classification"
  • finding criminal history score erroneous as a matter of law when the criminal history score included an out-of-state divisible statute, the defendant did not admit to his criminal history score, and the PSI report did not identify which version of the statute the defendant was convicted under; however, the court also did not consider the burden of proof after defendant's criminal history had been established
  • explaining that ". . . it is the State's burden to prove by a preponderance of the evidence that a defendant committed a crime for which classification is appropriate"
  • noting that out-of-state statutes are only comparable to Kansas statutes under Wetrich when all elements of the out-of-state offense are narrower than or identical to the Kansas offense

Written by the judges who cited it.

The opinion

Johnson, J., concurring in part and dissenting in part:

Addressing the issues in reverse order, I agree with the majority's result on **1279 the firearms enhancement, i.e., the district court must resentence Obregon without the enhancement. With respect to the criminal history issue, I agree that the State failed to present sufficient evidence to support the classification of the Florida battery conviction as a person felony. That insufficiency of evidence should result in our vacating the sentence and remanding for resentencing with a criminal history score of C, which the majority identifies as the proper score when the Florida conviction is classified as nonperson.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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