State v. McCarley

The opinion of the court was delivered by

Nuss, J.:

Steven M. McCarley was convicted by a jury of reckless aggravated battery, a severity level 5 person felony. The conviction, however, was erroneously classified as a severity level 8 person felony in the presentence investigation report. Because no one caught the error, the trial court sentenced McCarley to the appropriate grid sentence under the Kansas Sentencing Guidelines Act for a level 8 offense — 23 months’ imprisonment — rather than the level 5 offense — 122 to 136 months’ imprisonment.

When the State discovered the error, it filed a…