State v. Dunn

Lewis, J.:

Defendant entered a plea of guilty to one count of sale of cocaine and was sentenced under the Kansas Sentencing Guidelines Act (KSGA) to a term of 42 months’ incarceration. Defendant appeals from the sentence imposed and the criminal history category in which he was placed.

Defendant’s criminal history was determined to be category “C.” This category was reached by including in his criminal history a municipal conviction for stalking. Defendant argues that a municipal conviction cannot be used in computing his criminal history category. This is an important issue because if the…