Herrick v. State

Pierron, J.:

The State of Kansas appeals the district court’s granting of Brian Herrick’s motion to correct sentence filed pursuant to K.S.A. 60-1507. Herrick asserted his criminal history score was incorrect because the building involved in a burglary that was included in his criminal history was incorrectly defined as a “dwelling.” The State argues the structure was a dwelling since it was used or intended for use as a residence. The State also argues that a defendant who stipulates to his or her criminal history under the Kansas Sentencing Guidelines Act (KSGA) cannot request a correction…