State v. Smith

IN THE COURT OF APPEALS OF THE STATE OF KANSAS No. 126,524 STATE OF KANSAS, Appellee, v. MICHAEL COLLINS SMITH, Appellant. SYLLABUS BY THE COURT 1. When an appellate court reverses a conviction designated as the primary crime in a multiple conviction case, resentencing in the district court is mandatory under K.S.A. 21- 6819(b)(5), despite whether the reversed charge is retried or dismissed on remand. 2. When a defendant's original, multiple conviction sentence must be modified under K.S.A. 21-6819(b)(5) due to reversal of a conviction, that defendant lacks a reasonable expectation of…