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STATE v. SMITH

No. 108,476.

304 P.3d 359 (2013)

STATE of Kansas, Appellant, v. Bryan Paul SMITH, Appellee.

Court of Appeals of Kansas.

June 21, 2013.

Attorney(s) appearing for the Case

Sherri L. Becker , assistant county attorney, and Derek Schmidt , attorney general, for appellant.

Janine Cox , of Kansas Appellate Defender Office, for appellee.

Before ARNOLD-BURGER, P.J., GREEN, J., and LARSON, S.J.

ARNOLD-BURGER, J.

The State appeals the district court's decision to modify Bryan Paul Smith's criminal history score from A to B after determining that his two converted person felony adjudications decayed under K.S.A. 2011 Supp. 21-6810 and, therefore, could not be considered in determining his criminal history score. Because we find that the statute, K.S.A. 2011 Supp. 21-6811(a), under which Smith's juvenile adjudications were converted from six person misdemeanor...

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