State v. Fifer

Malone, J.:

George S. Fifer appeals the sentencing court’s classification of attempted burglary of a dwelling as a person felony, for criminal history purposes, pursuant to the Kansas Sentencing Guidelines.

The facts of this case are not in dispute. Fifer pled guilty to two counts of felony theft in violation of K.S.A. 21-3701. He received a controlling sentence of two to five years. Fifer’s crimes were committed prior to the effective date of the sentencing guidelines, but the sentencing did not take place until July 21, 1993. Therefore, pursuant to K.S.A. 1993 Supp. 21-4724, the district…