# State v. Obregon

> Supreme Court of Kansas · June 28, 2019 · 309 Kan. 1267

URL: https://www.frixlaw.com/law-library/cases/9888839

## Case

- **Full name:** STATE of Kansas, Appellee, v. Christopher OBREGON, Appellant.
- **Court:** Supreme Court of Kansas
- **Decided:** June 28, 2019
- **Citations:** 309 Kan. 1267; 444 P.3d 331
- **Precedential status:** Published
- **Opinion:** Concurring in part by Johnson
- **Judges:** Biles, Johnson
- **Cited by:** 83 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9888839

## How later opinions describe it (automated extraction)

- 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…
- 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
- stating it is State's burden to show defendant committed a version of the offense supporting person classification

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9888839. Public record. Not legal advice.