Legal Opinion

State v. Buell

Court of Appeals of Kansas

Decided June 24, 2016No. 113881PublishedCited by 3 opinions

1Opinion of the Court

Powell, J.:

Derrick Buell appeals from his sentences for robbery and attempted kidnapping, arguing the district court erred in classifying his 2002 Florida juvenile adjudications of burglary of a dwelling and burglary of a dwelling while armed as person offenses. Buell claims that by doing so, the district court violated his constitutional rights as articulated in Apprendi and Descamps. We disagree and affirm.

Factual and Procedural Background

In Februaiy 2015, pursuant to a plea agreement, Buell pled guilty to robbery and attempted kidnapping. According to the presentence investigation report…

2Cases cited20 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. Johnson v. United StatesSupreme Court of the United States · 2010

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3Cited by3 opinions

  1. State v. BuellSupreme Court of Kansas · 2018
  2. State v. TracySupreme Court of Kansas · 2020
  3. State v. LaceyCourt of Appeals of Kansas · 2018

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