State v. Scuderi
107114
| Kan. | Oct 27, 2017Background
- Defendant Willie J. Scuderi was convicted in 2002 of possession with intent to sell methamphetamine; in 2010 he was charged twice for failing to register under the Kansas Offender Registration Act (KORA).
- Scuderi moved to dismiss arguing KORA’s retroactive application violated the Ex Post Facto Clause (pointing to in-person reporting and registration fees) and later stipulated at trial that he knew he was required to register.
- At consolidated jury trial Scuderi’s defense disputed that he resided in Reno County; the jury convicted on both counts and the district court sentenced him to concurrent downward-departure prison terms.
- On appeal Scuderi challenged (1) ex post facto application of KORA, (2) use of his criminal-history score in sentencing without jury findings, and (3) sufficiency of the complaint in one case for failing to allege residency in Reno County.
- The Court of Appeals affirmed; the Kansas Supreme Court granted review, considered intervening precedent (Dunn and Sayler), and affirmed the Court of Appeals on the issues presented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ex post facto challenge to retroactive KORA registration | State: KORA is civil/regulatory; retroactive registration is permissible | Scuderi: Retroactive registration (fees, in-person reporting, ID markings) increases punishment and violates Ex Post Facto Clause | Held: KORA is civil/nonpunitive; Scuderi failed to show clearest proof that KORA is punitive, so no Ex Post Facto violation |
| Sentencing calculation using criminal-history score without jury | State: Prior convictions for scoring are properly considered by judge | Scuderi: Apprendi requires jury to find facts (priors) used to enhance sentence | Held: Apprendi does not require jury findings for criminal-history scoring; sentences affirmed |
| Sufficiency of complaint (10CR400) — failure to allege >10-day residence in county | State: Complaint need only allege facts that, if proved, constitute the crime; residency particulars can be addressed pretrial | Scuderi: Complaint omitted an essential element (residency), creating jurisdictional/defect error | Held: Under Dunn/Sayler framework the complaint was sufficient; Scuderi’s stipulation and consolidated trial made any defect nonprejudicial; conviction affirmed |
| Preservation and standard of review for defective charging document | State: Claim raised improperly on appeal should meet Hall standard; but Dunn changed law | Scuderi: His motion preserved the complaint challenge | Held: Court found preservation adequate and applied Dunn’s de novo standard; complaint reviewed as sufficient |
Key Cases Cited
- State v. Shaylor, 306 Kan. 1049 (holding KORA requirements are regulatory/nonpunitive for retroactivity/Ex Post Facto purposes)
- State v. Dunn, 304 Kan. 773 (changing law on charging-document sufficiency and holding charging documents do not confer subject-matter jurisdiction)
- State v. Meredith, 306 Kan. 906 (discussing legislative intent that KORA is nonpunitive and requiring clear proof to find punishment)
- State v. Myers, 260 Kan. 669 (establishing offender registration is not punishment)
- State v. Ivory, 273 Kan. 44 (holding Sixth/Fourteenth Amendments do not require jury findings for criminal-history enhancements)
- Apprendi v. New Jersey, 530 U.S. 466 (constitutional rule on facts that increase punishment must be found by jury)