State v. Weber

The opinion of the court was delivered by Biles, J.:

*1046 Robert M. Weber challenges the district court's denial of a motion to correct an illegal sentence. He argues his 1976 Michigan conviction for assault with intent to commit criminal sexual conduct, second degree, was improperly scored as a person crime, resulting in a longer sentence following his 2007 attempted robbery conviction in Kansas. The Court of Appeals determined the person classification was correct. State v. Weber , No. 113,472, 2016 WL 5867238 , at *3 (Kan. App. 2016) (unpublished opinion).

The overarching issue is whether the…