State v. Perez-Moran

The opinion of the court was delivered by

Davis, J.:

Isidro Perez-Moran, an inmate at the Kansas State Correctional Prison, was convicted of two counts of attempted battery against a law enforcement officer pursuant to K.S.A. 2002 Supp. 21-3413(a)(2). On the defendant’s motion, the trial court excluded two prior person felonies from his criminal history because the prior convictions were necessary to establish that he was in the custody of the Secretary of Corrections. The Court of Appeals reversed, holding that the defendant’s previous convictions were not elements of the present charges and…