State v. Kimberlin
Court of Appeals of Kansas
1Opinion of the Court
Standridge, J.:
Christopher J. Kimberlin appeals following his convictions of aggravated battery and various drug crimes. Stated generally, Kimberlin challenges the manner in which his felony sentences were calculated, the accuracy of the court’s journal entry, the propriety of a comment made by the prosecutor in closing argument, one of the instructions given to the jury, and the use of his criminal history to calculate his sentence. For the reasons stated below, we agree that Kimberlin s felony sentences were improperly calculated and therefore must be vacated and remanded for resen-tencing.…
2Cases cited26 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Allen v. United StatesSupreme Court of the United States · 1896
- State v. WardSupreme Court of Kansas · 2011
- State v. IvorySupreme Court of Kansas · 2002
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