State v. Williams
244 P.3d 667
| Kan. | 2010Background
- Williams pled guilty to two Kansas identity theft counts (05 CR 2265 and 06 CR 1812).
- Washington recorded five identity theft convictions in 2001–2002, with sentencing on December 26, 2002.
- PSI reports originally scored the Washington convictions as nonperson felonies; the State objected.
- District Court changed the scores to reflect person felonies; concurrent sentences were imposed (32 and 21 months).
- Court of Appeals affirmed the criminal history score but remanded a journal-entry issue; Kansas Supreme Court granted review on the criminal history issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What is the proper comparable offense for Washington out-of-state convictions? | Williams argues the comparable should be determined as of sentencing date (2007) → nonperson. | State argues use the Washington offenses’ dates (2001–2002) → person. | Washington convictions are scored as person felonies based on dates of the Washington offenses. |
| Which Kansas 21-4018 version is the proper comparable offense? | Williams contends the 2000 version (as of 2005) is the comparable offense. | State contends the 2005 version governs and should be nonperson. | The 2000 version is the comparable offense for scoring. |
Key Cases Cited
- State v. Vandervort, 276 Kan. 164 (2003) (sentencing parameters fixed by offense commission date; out-of-state offenses scored by comparable in-state offenses at that time)
- State v. Sylva, 248 Kan. 118 (1991) (prospective application; retroactivity limited to procedural/remedial changes)
- State v. Sutherland, 248 Kan. 96 (1991) (retroactivity and procedural/ remedial considerations in sentencing)