State v. Newton

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court denying Defendant's motion to correct an illegal sentence, holding that Defendant's sentence, which was legal when it was imposed, was not illegal due to subsequent changes in the law.Defendant pleaded guilty to one count of attempted rape. At sentencing, the district court determined that Defendant had a criminal history score of B in part due to a prior California robbery conviction, which the Kansas court classified as a person felony. Defendant later filed a motion to correct an illegal sentence, arguing that the district court incorrectly calculated his criminal history score by classifying his California conviction as a person felony contrary to recent changes in the law. The district court denied the motion. The court of appeals affirmed. The Supreme Court affirmed, holding that where Defendant's sentence was legal when it was pronounced, it was not illegal because the law subsequently changed. View "State v. Newton" on Justia Law