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STATE v. MURDOCK

No. 104,533.

323 P.3d 846 (2014)

STATE of Kansas, Appellee, v. Jimmy MURDOCK, Appellant.

Supreme Court of Kansas.

May 2, 2014.

Attorney(s) appearing for the Case

Patrick H. Dunn , of Kansas Appellate Defender Office, argued the cause, and Ryan Eddinger , of the same office, was on the brief for appellant.

Jodi E. Litfin , assistant district attorney, argued the cause, and Natalie Chalmers , assistant district attorney, Chadwick J. Taylor , district attorney, and Derek Schmidt , attorney general, were on the brief for appellee.

The opinion of the court was delivered by BILES, J.:

Jimmy Murdock argues the district court erroneously calculated his criminal history score during a sentencing proceeding by treating two prior out-of-state convictions from 1984 and 1990 as person crimes instead of nonperson crimes. The issue is rare because these prior out-of-state offenses were committed before enactment of the Kansas Sentencing Guidelines Act (KSGA), K.S.A. 21-4701 et seq., and the KSGA...

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