State v. Luarks

The opinion of the court was delivered by

Nuss, C.J.:

Richard Luarks raises two challenges to the district court’s calculation of his criminal history score and his resulting 172-month prison sentence. He generally contends the court erred by over-classifying all three of his pre-Kansas Sentencing Guidelines Act (KSGA) convictions as person felonies. And he also argues the classification as a person felony of one of those convictions— for burglary—was unconstitutional because it was based on a fact that was never proven to a jury beyond a reasonable doubt.

Luarks’ arguments are controlled by our…