STATE v. PEREZ

No. 71,755

21 Kan. App. 2d 217 (1995)

STATE OF KANSAS, Appellee, v. ARMANDO PEREZ, Appellant.

Court of Appeals of Kansas.

Opinion filed June 23, 1995.


Attorney(s) appearing for the Case

Benjamin C. Wood, special appellate defender, and Jessica R. Kunen, chief appellate defender, for the appellant.

Darrell L. Smith, assistant district attorney, Paul J. Morrison, district attorney, and Robert T. Stephan, attorney general, for the appellee.

Before PIERRON, P.J., ELLIOTT, J., and RICHARD W. WAHL, District Judge Retired, assigned.


PIERRON, J.:

Defendant Almando Preza, a/k/a Armando Perez, appeals from an order of the district court under the Kansas Sentencing Guidelines Act (KSGA). He contends the district court erred in finding his objection to the criminal history category was not sufficiently specific to shift the burden to the State to prove by a preponderance of the evidence the alleged criminal history. We find there was a legitimate specific objection to the history and reverse.

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