In re Bianca K.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an Apprendi-based challenge meets the definition of an illegal sentence when the challenge relates to the classification of prior convictions
• holding that a defendant does not have to object to his/her criminal history score at sentencing in order to later challenge it
• holding that pre-KSGA Kansas burglary convictions must be scored as nonperson felonies for criminal history purposes because statute at the time made no distinction between burglary of a dwelling or nondwelling
• holding pre-KSGA convictions and juvenile adjudications of burglary under K.S.A. 21- 3715 must be classified as nonperson felonies
• noting that if the criminal-history score is incorrect, the defendant's sentence is necessarily illegal because it does not comply with applicable statutory provisions for sentencing
• holding offense-specific provision for classifying prior crime violated Apprendi by requiring judicial factfinding as to circumstances of prior offense

Source: CourtListener parenthetical corpus (CC0).