State v. Lanning

The opinion of the court was delivered by

Lockett, J.:

Pursuant to K.S.A. 1994 Supp. 38-1602(b)(3), defendant was prosecuted as an adult based upon a prior juvenile adjudication. On appeal, defendant claims the use of K.S.A. 1994 Supp. 38-1602(b)(3) to prosecute him as an adult and the district court’s inclusion of his prior felony level juvenile adjudication in scoring his criminal history classification enhanced the severity level or applicable penalties and violates K.S.A. 21-4710(d)(ll).

This is an issue of first impression which requires us to interpret the effect of K.S.A. 1994 Supp.…