The Kansas Supreme Court released the following published decisions today:
Appeal No. 114,304: State of Kansas v. Jeffrey Scott Collier
The Supreme Court rejected Collier's efforts to change his sentence for a 1993 aggravated robbery. Collier claimed the Sedgwick County District Court miscalculated his criminal history score during the original proceedings.
Collier was convicted of first-degree premeditated murder and aggravated robbery for crimes occurring in October 1993. At the time, his criminal history reflected eight prior convictions, including a 1988 conviction for aggravated burglary and two juvenile adjudications in 1987 and 1988. Collier ultimately received a life sentence for the murder conviction and a consecutive, 97-month sentence for the aggravated robbery conviction.
In 2014, Collier claimed his aggravated robbery sentence should be reduced because the 1980s crimes should have been considered nonperson crimes under the Kansas sentencing guidelines. A unanimous Supreme Court noted its recent case law rejected similar claims.
Appeal No. 114,032: State of Kansas v. Erick Donaldson
The Supreme Court ordered the Sedgwick County District Court to resentence Donaldson for his 2002 conviction for sale of cocaine because his criminal history was not properly calculated under Kansas sentencing guidelines.
The court noted that under present Kansas case law the district court was required to treat Donaldson's 1990 juvenile adjudication for burglary as a nonperson felony for the purpose of determining the applicable guidelines sentence for the sale of cocaine conviction. When he was originally sentenced, the district court treated the juvenile burglary as a person felony, which resulted in Donaldson receiving a more severe sentence than the guidelines permitted.
Donaldson was convicted in the same trial of first-degree felony murder. His hard-20 life sentence for that offense is unaffected by the court's decision on the burglary adjudication.
Appeal No. 114,468: State of Kansas v. Alan W. Kingsley
The Supreme Court rejected Kingsley's claim that the Sedgwick County District Court illegally sentenced him to a hard-40 life sentence for a 1991 first-degree premeditated murder. The court held the sentence conformed to the applicable statute. The court also rejected Kingsley's attempt to use the limited-purpose statute for a broader constitutional claim that he was denied due process.
Appeal No. 114,534: State of Kansas v. Artis Swafford
A unanimous Supreme Court held that a sentence in a Saline County District Court case was not ambiguous when a judge ordered it to run consecutive to a sentence in a previous case, which the judge referred to by case number only, where the defendant only had one prior case with that case number. The court also clarified that a defendant has 30 days in which to appeal the denial of K.S.A. 22-3504 motion to correct an illegal sentence.
Appeal No. 114,834: In the Matter of A.D.T.
In an extended juvenile jurisdiction proceeding, the district court imposes a juvenile sentence and an adult sentence, but execution of the adult sentence is stayed pending the offender's compliance with provisions of the juvenile sentence. In this case, the court held that the statutory provisions in K.S.A. 2015 Supp. 38-2364(b) mandated termination of the juvenile court's jurisdiction and execution of the previously-stayed adult sentence, once the Wyandotte County District Court found that the juvenile had violated the terms of his conditional release. In a separate concurring opinion, Justice Rosen questioned whether the imposition of the adult sentence created an Eighth Amendment violation, while acknowledging that A.D.T. had not raised that constitutional argument in this appeal.
Kansas Court of Appeals decisions released today State of Kansas
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