State v. Hankins

I. Introduction

I reluctantly concur in the majority’s conclusion that, on the merits, the Johnson County District Court correcdy relied on the felony prosecution of Defendant Anthony Hankins in Oklahoma to establish his criminal history score in this case, even though he was never adjudged guilty in Oklahoma and the prosecution was ulti*986mately dismissed. I do so based on the reasoning of a panel of this court in State v. Macias, 30 Kan. App. 2d 79, 83, 39 P.3d 85, rev. denied 273 Kan. 1038 (2002), and endorsed a few months later by the Kansas Supreme Court in State v. Pollard, 273 Kan. 706,…