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Kansas Supreme Court Case Regarding Criminal History Scoring

Feb 24, 2022, 15:11 PM by Ludwick, Matt [OITS]

The Kansas Supreme Court held on February 18th, 2022, that under the KSGA, all prior convictions, whether out-of-state, pre-guidelines, or amended post-guidelines, are to be classified as person or nonperson as of the time the new crime is committed.

The Court specifically said, “We conclude that the better understanding of the statutory sentencing scheme requires that all prior convictions, whether out-of-state, preguidelines, or amended post-guidelines, be classified as person or nonperson as of the time the new infraction is committed.” State v. Terrell, No. 122,680, 2022 WL 497319 at *5 (Kan. February 18, 2022).

Read the full case.

If you have questions on how this case affects the scoring of criminal history, please contact the Sentencing Commission at [email protected].