354 P.3d 1202
Kan.2015Background
- In 2012 Cordell pled guilty to aggravated escape; before sentencing a PSI updated his criminal history to include six 1986 juvenile adjudications (three burglaries, three thefts).
- The district court classified two 1986 "residential burglary" adjudications as person felonies, relying in part on 1986 charging documents that used the word "residence."
- Those person classifications raised Cordell’s criminal history category to A and increased his presumptive sentence from probation to 19–23 months’ imprisonment; the court imposed 19 months.
- Cordell objected, arguing the 1986 burglary statute did not require that the structure be a "dwelling," so labeling the adjudications as person felonies required unconstitutional judicial factfinding beyond the prior adjudication’s elements.
- The Court of Appeals affirmed; the Kansas Supreme Court granted review and, following State v. Dickey, concluded the district court’s classification was constitutionally improper and vacated the sentence.
Issues
| Issue | Cordell's Argument | State's Argument | Held |
|---|---|---|---|
| Whether 1986 juvenile burglary adjudications could be classified as person felonies for criminal-history scoring when the adjudication did not include a "dwelling" element | Classification as person felonies required the court to find the prior burglaries involved a dwelling, an extra-element factual finding barred by Descamps/Apprendi | Charging documents and stipulations alleging entry into "residence" establish the burglaries were of dwellings, so person classification is proper | Reversed: court cannot make the extra-element finding; absent a dwelling element in the 1986 statute the adjudications must be treated as nonperson felonies |
| Standard of review for classification of prior juvenile adjudications | N/A (challenge focuses on constitutional error) | State asserted the court properly found facts by a preponderance | Question of law reviewed de novo; application of Descamps/Dickey controls and bars the extra factual finding |
Key Cases Cited
- State v. Dickey, 301 Kan. 1018, 350 P.3d 1054 (Kansas 2015) (held sentencing court cannot classify a prior burglary as a person offense under K.S.A. 2014 Supp. 21-6811(d) without finding the prior burglary involved a dwelling)
- Descamps v. United States, 133 S. Ct. 2276 (2013) (categorical approach limits judicial factfinding about prior convictions for sentence-enhancement purposes)
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (any fact increasing penalty beyond statutory maximum must be found by a jury or admitted)
- State v. Murdock, 299 Kan. 312, 323 P.3d 846 (Kansas 2014) (questions about criminal-history classification present legal issues subject to unlimited review)
- State v. Ballard, 289 Kan. 1000, 218 P.3d 432 (Kansas 2009) (explains how criminal-history score affects presumptive sentencing under the guidelines)