STATE v. SMITH

No. 118,042.

430 P.3d 58 (2018)

STATE of Kansas, Appellee, v. Shawn D. SMITH, Appellant.

Court of Appeals of Kansas.

Opinion filed September 14, 2018.


Attorney(s) appearing for the Case

Kimberly Streit Vogelsberg , of Kansas Appellate Defender Office, for appellant.

Matt J. Maloney , assistant district attorney, Marc Bennett , district attorney, and Derek Schmidt , attorney general, for appellee.

Before Malone, P.J., McAnany and Powell, JJ.


Shawn D. Smith brings his case to us for the second time following the denial of his motion to correct an illegal sentence. At issue is whether Smith's prior South Carolina burglary conviction should be classified as a person or nonperson offense for criminal history purposes. In his last appeal, we vacated Smith's sentence and remanded...

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