State v. Buell
307 Kan. 604
| Kan. | 2018Background
- In 2012 Derrick Buell pleaded guilty in Kansas to robbery and attempted kidnapping; a presentence report counted two prior Florida juvenile burglary adjudications in his criminal history, producing a score of A and a 122-month sentence.
- One Florida adjudication was for first-degree burglary (burglary of a dwelling); the other was burglary of a dwelling while armed.
- Buell objected that the Florida adjudications should not be classified as person felonies under the Kansas Sentencing Guidelines Act (KSGA) because Kansas had no comparable offense with identical elements.
- The district court overruled Buell, and the Kansas Court of Appeals affirmed, relying primarily on the presence of a “dwelling” element in the Florida offenses.
- The Kansas Supreme Court granted review to decide how out-of-state adjudications must be compared to Kansas offenses for person/nonperson classification under K.S.A. 2017 Supp. 21-6811(e).
- The Supreme Court concluded Florida’s burglary statute had broader mental-state elements than Kansas burglary and thus the Florida adjudications must be scored as nonperson felonies; Buell’s sentence was vacated and remanded for resentencing.
Issues
| Issue | State's Argument | Buell's Argument | Held |
|---|---|---|---|
| Whether Florida juvenile burglary adjudications count as person felonies under KSGA | Florida adjudications are comparable because both statutes require the burgled structure be a dwelling | Florida statutes are broader ("intent to commit an offense therein") and thus not comparable to Kansas burglary requiring intent to commit felony, theft, or sexual battery | Out-of-state offense must have elements identical to or narrower than the Kansas offense; Florida burglary was broader and must be scored as nonperson felonies |
| How to determine "comparable offense" under K.S.A. 21-6811(e)(3) | Comparability can focus on a single key element (e.g., dwelling) | Comparability requires comparing all elements; an out-of-state crime cannot be broader than the Kansas reference offense | Court requires that the out-of-state crime's elements be identical to or narrower than the Kansas offense for comparability; otherwise classify as nonperson |
Key Cases Cited
- State v. Buell, 52 Kan. App. 2d 818, 377 P.3d 1174 (Kan. Ct. App. 2016) (Court of Appeals decision affirmed district court classification)
- State v. Keel, 302 Kan. 560, 357 P.3d 251 (Kan. 2015) (statutory interpretation of KSGA reviewed de novo)
- State v. Dickey, 301 Kan. 1018, 350 P.3d 1054 (Kan. 2015) (burglary is a person offense when prior burglary involved a dwelling)
- Mathis v. United States, 579 U.S. (2016) (distinguishes alternative elements from alternative means; used to analyze element breadth)