State v. Warren, 412 P.3d 993

Cedric Warren was convicted of premeditated first-degree murder (off-grid), second-degree murder (on-grid severity level 1), and attempted first-degree murder (on-grid severity level 1) for acts on February 13, 2009.
Original sentence: hard 50 life for first-degree murder and 155 months on each on-grid count, all ordered to run concurrently.
The Kansas hard-50 procedure was later held unconstitutional under Alleyne; Warren’s hard-50 sentence was vacated and the case remanded for resentencing.
On remand the district court imposed a hard 25 life on the first-degree murder conviction and changed the on-grid sentences to 150 months each, ordering all three sentences to run consecutively.
Warren challenged the resentencing, arguing under State v. Guder and the Kansas Sentencing Guidelines Act (KSGA) the district court lacked authority to modify the nonvacated on-grid sentences or convert concurrency to consecutiveness.

Issue	Plaintiff's Argument (Warren)	Defendant's Argument (State)	Held
Whether the district court could modify nonvacated sentences on remand	Guder and KSGA bar resentencing on counts not vacated; original concurrent 155-month sentences must be reinstated	Guder was wrongly decided; district courts retain common-law power to resentence all counts on remand	Court affirms Guder: district courts lack authority to modify sentences not vacated except as required by law; reinstated original on-grid sentences
Whether the vacated off-grid sentence can be ordered to run consecutive to reinstated on-grid sentences on remand	Changing the off-grid sentence from concurrent to consecutive would effectively modify nonvacated sentences and is impermissible	The court may change concurrent/consecutive status on remand (asks court to overrule/limit Guder)	Court holds changing from concurrent to consecutive would create an improper de facto modification and is inconsistent with K.S.A. 21-4720(b)(2); off-grid sentence must run concurrent with reinstated on-grid sentences

State v. Guder, 293 Kan. 763 (2012) (KSGA removed common-law authority to modify nonvacated sentences on remand)
State v. Soto, 299 Kan. 102 (2014) (Kansas hard-50 procedure unconstitutional under Alleyne)
State v. Warren, 302 Kan. 601 (2015) (appellate decision affirming convictions but vacating hard-50 sentence and remanding)
State v. Morningstar, 299 Kan. 1236 (2014) (remand-required modification of a nonvacated sentence where legal necessity required change)
Love v. State, 280 Kan. 553 (2005) (sentence is effective when pronounced from the bench)
State v. Woodbury, 133 Kan. 1 (1931) (historical common-law view that remand could justify resentencing all counts)
Alleyne v. United States, 570 U.S. 99 (2013) (facts increasing mandatory minimums must be found by a jury)