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304 P.3d 359
Kan. Ct. App.
2013
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Background

  • Smith pled no contest to multiple offenses and objected to his criminal history score.
  • The district court reduced his score from A to B after finding six juvenile adjudications decayed since offenses occurred after age 25.
  • The six juvenile adjudications would have been misdemeanors if adult; they were decayed under Ks 21-6810(d)(4)(C).
  • In 2010, six juvenile adjudications were converted to two-person-felony adjudications for sentencing under Ks 21-6811(a).
  • The State argues the converted felonies do not decay under Ks 21-6810(d)(3)(B) and may be considered in the current score.
  • The issue is whether decay applies notwithstanding prior conversion for sentencing purposes.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether juvenile adjudications decay when later converted for sentencing purposes. Smith argues conversions change the offense’s nature, preventing decay. State argues decay applies to the converted offenses as they are still offenses. Converted offenses do not prevent decay; decay applies.

Key Cases Cited

  • State v. Dale, 293 Kan. 660 (2011) (statutory interpretation governs criminal history scoring)
  • State v. Arnett, 290 Kan. 41 (2010) (legislative intent governs interpretation of statutes)
  • State v. Urban, 291 Kan. 214 (2010) (plain and unambiguous statutory language dictates meaning)
  • State v. Coman, 294 Kan. 84 (2012) (criminal statutes interpreted in favor of the accused when reasonable)
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Case Details

Case Name: State v. Smith
Court Name: Court of Appeals of Kansas
Date Published: Jun 21, 2013
Citations: 304 P.3d 359; 2013 WL 3123571; 49 Kan. App. 2d 88; 2013 Kan. App. LEXIS 58; No. 108,476
Docket Number: No. 108,476
Court Abbreviation: Kan. Ct. App.
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