State v. Moore
307 Kan. 599
| Kan. | 2018Background
- Charles H. Moore pled guilty in Kansas (2005) to aggravated indecent liberties with a child and received a long sentence after the district court scored a 1984 Oregon first-degree burglary as a "person" felony for criminal-history purposes under the Kansas Sentencing Guidelines Act (KSGA).
- The Oregon burglary conviction predated 1993 and involved entry into a dwelling "with intent to commit a crime therein."
- Moore moved (2014) to correct an illegal sentence, arguing the Oregon conviction should have been scored as a nonperson felony because its elements were broader than comparable Kansas offenses.
- The district court denied relief; the Kansas Court of Appeals affirmed, holding the Oregon offense comparable to Kansas burglary of a dwelling because it required burglary of a dwelling.
- The Kansas Supreme Court granted review, rejected the Court of Appeals’ single-element comparability approach, and held the out-of-state conviction must be compared to Kansas offenses as they existed when the current Kansas crime was committed.
- The Court concluded Oregon’s mental-state element ("intent to commit a crime") was broader than Kansas burglary (requires intent to commit a felony, theft, or sexual battery), so the Oregon conviction is not comparable and must be scored as a nonperson felony; Moore’s sentence was vacated and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an out-of-state conviction is a "person" vs "nonperson" felony for KSGA comparability | Moore: Oregon burglary elements broader than Kansas burglary; thus it cannot be scored as a person felony | State: Because Oregon burglary required burglary of a dwelling, it is comparable to Kansas burglary of a dwelling and is a person felony | The court held comparability requires the out-of-state elements be identical or narrower than the Kansas offense; Oregon burglary was broader and must be scored as nonperson |
| Proper test for "comparable offense" under K.S.A. 2017 Supp. 21-6811(e)(3) | Moore: Comparability should be assessed by comparing full elements, not a single element | State: Comparability may be satisfied by a shared critical element (dwelling) even if other elements differ | The court rejected the single-element test and adopted an identical-or-narrower elements test for comparability |
Key Cases Cited
- State v. Keel, 302 Kan. 560 (examining classification of prior convictions under KSGA)
- State v. Dickey, 301 Kan. 1018 (defining "dwelling" for burglary person-offense classification)
- Mathis v. United States, 136 S. Ct. 2243 (distinguishing alternative elements from alternative means in categorical comparisons)
- State v. Moore, 52 Kan. App. 2d 799 (Court of Appeals opinion affirming person-felony scoring, later reversed)