State v. Calvert

No. 126,798 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. ANGELENE L. CALVERT, Appellant. SYLLABUS BY THE COURT 1. Proof of two prior theft convictions is not an element of felony theft defined by K.S.A. 2021 Supp. 21-5801(a)(1) but is contained in the penalty section of the statute in K.S.A. 2021 Supp. 21-5801(b)(6) and serves only to classify the crime at sentencing and thus enhances the penalty. 2. A district court may find the date that a prior conviction occurred, for K.S.A. 2021 Supp. 21-5801(b)(6) purposes, falls under the same exception as the fact of a…