State v. Dickey

*1020The opinion of the court was delivered by

Rosen, J.:

The State appeals the Court of Appeals’ decision in State v. Dickey, 50 Kan. App. 2d 468, 329 P.3d 1230 (2014), vacating Jeff Dickey’s 16-month prison sentence for theft (a severity level 9 nonperson felony) and remanding for resentencing. The Court of Appeals reached this decision after concluding that the district court violated Dickey’s constitutional rights as described in Descamps v. United States, 570 U.S. _, 133 S. Ct. 2276, 186 L. Ed. 2d 438 (2013), and Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000),…