State v. Gatewood

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 128,139 STATE OF KANSAS, Appellee, v. THOMAS GATEWOOD, Appellant. SYLLABUS BY THE COURT 1. When a criminal defendant objects to his or her criminal history score before sentencing, the State has the burden to prove the disputed portion by a preponderance of the evidence. 2. When the district court finds that the State met its burden to prove the disputed portion of a defendant's criminal history score, appellate courts review that finding for substantial competent evidence. Appeal from Sedgwick District Court; JEFFREY E. GOERING, judge. Oral…