STATE v. PEARCE

No. 110,435.

342 P.3d 963 (2015)

STATE of Kansas, Appellant, v. Michael J. PEARCE, Jr., Appellee.

Court of Appeals of Kansas.

January 23, 2015.


Attorney(s) appearing for the Case

Jason A. Oropeza and Robert R. Johnson , assistant county attorneys, Elizabeth Sweeney-Reeder , county attorney, and Derek Schmidt , attorney general, for appellant.

Jenni L. Howsman , legal intern, and Randall L. Hodgkinson , of Kansas Appellate Defender Office, for appellee.

Before MALONE C.J., LEBEN and ATCHESON, JJ.


Under the Kansas sentencing guidelines, the more serious a defendant's past offenses are, the greater the presumptive sentence if the defendant commits a new felony offense. After Michael Pearce, Jr., was convicted of his fifth burglary, however, the district court did not include Pearce's past residential burglary — a person felony...

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