State v. Hughes

No. 127,829 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant/Cross-appellee, v. BRIAN MATTHEW HUGHES, Appellee/Cross-appellant. SYLLABUS BY THE COURT 1. Under K.S.A. 21-6810(d)(9), prior convictions of a crime defined by a statute that has since been determined unconstitutional by an appellate court shall not be used for criminal history scoring purposes. K.S.A. 21-6810(d)(9) applies whenever an appellate court has ruled a statute unconstitutional, even if that ruling may no longer be good law. 2. When considering departures granted under the revised Kansas Sentencing…