State v. Gilkes, 415 P.3d 427

Donald Gilkes was charged with two counts of aggravated assault alleging use of a Lock-Blade knife; jury convicted him of one count and acquitted on the other.
Jury instructions required a finding that a deadly weapon was used as an element of aggravated assault.
At sentencing the court denied Gilkes' motion for new trial, imposed a 29-month sentence (middle grid box), and stated registration with the Secretary of Corrections "does require what's called registration."
The Journal Entry of Judgment did not record a court finding that Gilkes used a deadly weapon, did not include the offender-registration supplement, and checked "no" for a court finding that the crime was committed with a deadly weapon.
Gilkes appealed, raising that the court failed to make the on-the-record deadly-weapon finding required by KORA and that the court misunderstood its obligation to impose registration. The Court of Appeals affirmed but remanded to correct the journal entry; Gilkes sought review on KORA issues.

Issue	Plaintiff's Argument (Gilkes)	Defendant's Argument (State)	Held
Whether the district court made the on-the-record finding that a deadly weapon was used as required by K.S.A. 22-4902(e)(2)	The court did not make the required court finding on the record that he used a deadly weapon, so he cannot be classified a "violent offender" under KORA	The jury made the deadly-weapon finding and the court’s statements and sentencing paperwork suffice to require registration	Held: Court did not make the required on-the-record finding; without that finding Gilkes is not a "violent offender" under KORA
Whether the absence of a court-made finding can be remedied by remand to the district court for a belated on-the-record finding	Gilkes argued the court erred and any belief it was compelled to order registration was incorrect	State (and prior panel) treated missing journal entry as clerical and remandable to correct record	Held: Remand to make the finding is not authorized; absence of the required court finding means the registration obligation never arose, so remand is not an appropriate remedy

State v. Thomas, 327 P.3d 1052 (Kan. 2014) (court must make on-the-record deadly-weapon finding to classify defendant as a KORA "violent offender")
State v. Marinelli, 347 P.3d 239 (Kan. 2015) (KORA registration is not part of criminal sentence; court may rely on journal entry to show required on-the-record finding)