State v. Hankins, 319 P.3d 571

Hankins robbed Saints Bar and Grill on July 2, 2010, was arrested after a chase and a weapon was found in his car.
Plea negotiations failed; Hankins pled guilty on March 25, 2011 to aggravated robbery, two counts of aggravated assault, and burglary; the PSI listed three prior convictions, including an Oklahoma felony, as part of his criminal history, with a G score.
At sentencing on May 19, 2011, the court imposed 68 months for aggravated robbery and 12 months on each remaining count, running concurrently, recognizing a presumptive prison scenario.
Hankins appealed in June 2011; the appeal was dismissed in October 2011 for voluntary dismissal.
In June 2012 Hankins moved to correct an illegal sentence arguing the Oklahoma deferred sentence should not count as a conviction; the district court denied in November 2012, holding Hankins invited the error by stipulating to his criminal history and that the Oklahoma item was properly includable.
The court ultimately concluded the Oklahoma deferred sentence was a conviction for Kansas criminal-history purposes and affirmed the sentence; Hankins timely appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does invited error bar Hankins’ challenge to the Oklahoma item?	Hankins argues invited error does not apply because the issue is about law classification, not factual existence.	State argues Hankins invited the error by stipulating to his criminal history at sentencing.	Invited error bars relief; challenge rejected.
Whether the Oklahoma deferred sentence counts as a conviction for Kansas criminal history	Hankins contends the deferred sentence is not a Kansas conviction and should not be counted.	State contends the Oklahoma deferred sentence is a conviction under Kansas law for criminal-history purposes.	Oklahoma deferred sentence counted as a conviction.
Does Kansas definition of conviction include out-of-state deferred sentences for criminal history?	Hankins relies on Kansas definition and argues the deferred sentence should be excluded.	State maintains Kansas law counts foreign proceedings that establish guilt regardless of final judgment.	Kansas treats the Oklahoma guilty plea and deferred sentence as a conviction for criminal history.

State v. Vandervort, 276 Kan. 164 (2003) (invited error doctrine and criminal history)
Neal v. State, 25 Kan. App. 2d 705 (1998) (invited error; criminal history appellate bars)
State v. Donaldson, 35 Kan. App. 2d 540 (2006) (exception to invited error when law applied; discussed)
State v. Macias, 30 Kan. App. 2d 79 (2002) (out-of-state deferred prosecutions counted in Kansas criminal history)
State v. Pollard, 273 Kan. 706 (2002) (clarified Macias; Kansas approach to criminal history)
State v. Siesener, 35 Kan. App. 2d 649 (2005) (criminal history inclusion from Missouri Texas precedents)
State v. Holmes, 222 Kan. 212 (1977) (definition of conviction relates to guilt determination)
State v. Barajas, 43 Kan. App. 2d 639 (2010) (out-of-state offenses and classification for criminal history)
Gonseth v. State, 871 P.2d 51 (1994) (appeals on deferred sentencing and conviction terminology in Oklahoma)
Wetrich, 49 Kan. App. 2d 34 (2013) (2009 amendment to 21-6814(c) and invited error)