State v. Lackey, 246 P.3d 998

Lackey pled guilty to two counts of possession of cocaine (06CR1017 and 07CR1091) under a plea agreement.
The State dismissed other charges and agreed to a sentencing reduction in 06CR1017.
PSI reports concluded a criminal history score of C (one person felony and one or more nonperson felonies).
Lackey challenged the criminal history score; district court denied the challenge.
Lackey moved to withdraw his pleas before sentencing; the court denied this motion; sentencing occurred.
District court sentenced Lackey to 24 months in 06CR1017 (with a 6-month reduction) and a 24-month durational departure in 07CR1091; sentences run consecutively due to Lackey’s status while on felony bond.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether municipal ordinance violations from Missouri can be scored as Kansas criminal history	Lackey—out-of-state municipal convictions cannot be classified as felonies or misdemeanors.	Lackey argues Missouri treats these as civil/quasi-criminal, so they cannot be used for criminal history.	Yes; district court properly scored them as comparable to Kansas person misdemeanor convictions under KSGA.
Whether the district court erred in denying the pre-sentence motion to withdraw the plea	Lackey asserts mutual mistake about his criminal history score supports withdrawal.	Court should apply Edgar factors; no abuse of discretion.	No abuse; district court properly applied Edgar factors and denied withdrawal.
Whether using Lackey's criminal history to sentence without jury proof violated Apprendi/centered Sixth Amendment rights	Lackey argues history used to sentence under guidelines without jury finding.	Kansas Supreme Court precedent (Ivory) permits it.	Affirmed; Sixth/Fourteenth Amendment issue resolved against Lackey in light of precedent.

State v. Hernandez, 24 Kan. App. 2d 285, 944 P.2d 188 (1997) (out-of-state municipal convictions scored to determine criminal history as felonies)
State v. Swilley, 25 Kan. App. 2d 492, 967 P.2d 339 (1998) (continued application of Hernandez approach)
State v. Schow, 287 Kan. 529, 197 P.3d 825 (2008) (mutual mistake and Edgar factors governing pre-sentencing withdrawal)
State v. Edgar, 281 Kan. 30, 127 P.3d 986 (2006) (Edgar factors for withdrawal of plea before sentencing)
State v. Plotner, 290 Kan. 774, 235 P.3d 417 (2010) (abuse-of-discretion standard for withdrawal rulings)
State v. Gumfory, 281 Kan. 1168, 135 P.3d 1191 (2006) (standard for reviewing pre-sentencing withdrawal decisions)
State v. White, 289 Kan. 279, 211 P.3d 805 (2009) (burden on defendant to show error in sentencing procedures)
State v. Ivory, 273 Kan. 44, 41 P.3d 781 (2002) (Apprendi-type issue resolved against defendant in Kansas)
Hernandez, 24 Kan. App. 2d 285, 944 P.2d 188 (1997) (statutory construction to score out-of-state convictions when no designation by convicting jurisdiction)
Swilley, 25 Kan. App. 2d 492, 967 P.2d 339 (1998) (follow-on case applying Hernandez)