State v. Dale

Pierron, J.:

Colton Dale pled guilty to one count of vehicle burglary in violation of K.S.A. 21-3715(c). Dale’s overall criminal history classification as found by the district court was F. He was sentenced to 9 months in prison. He appeals his sentence. We vacate and remand for resentencing.

Dale had two prior juvenile adjudications for nonresidential burglary in violation of K.S.A. 21-3715. The presentence investigation (PSI) report indicated the special rule set forth in K.S.A. 21-4704(1)(2) (now at K.S.A. 2008 Supp. 21-4704[p]) was applicable since Dale had two prior juvenile adjudications…