State v. McMillan

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 124,726 STATE OF KANSAS, Appellee, v. PETTIX MCMILLAN, Appellant. SYLLABUS BY THE COURT 1. Sentences in a multiple count case fail to conform to applicable statutory provisions and are illegal when the judge fails to identify the primary count, to assign sentences to each count, and to identify criminal history scores on each count and the record makes it impossible to otherwise determine the sentences the judge imposed. Under those circumstances, an appellate court may vacate all sentences and remand for resentencing on all counts. 2. In a case…