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State v. Dickey

Citations

  • 301 Kan. 1018
  • 350 P.3d 1054
  • 2015 Kan. LEXIS 354

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).

Judges: Rosen

Read full opinion on CourtListener

Cited by

91 cases in this archive cite this case; the 20 most cited are listed.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named State v. Dickey

21 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.