State v. Smith

The opinion of the court was delivered by

Stegall, J.:

Benjamin Smith appeals the district court’s denial of his motions for modification or correction of sentence. Smith contends the district court erred by classifying his pre-Kansas Sentencing Guidelines Act (KSGA) convictions for aggravated burglary and robbery as person felonies. Smith’s claim is controlled by our recent decision in State v. Keel, 302 Kan. 560, 357 P.3d 251 (2015). Following Keel, we reject Smith’s argument and find his pre-KSGA convictions were correctly classified as person felonies.

The relevant facts are not in dispute.…