State v. Vega-Fuentes

The opinion of the court was delivered by

Davis, J.:

This case comes before us upon petition for review and presents the question of whether appropriate municipal ordinance violations can be aggregated to constitute a person felony for criminal history purposes under K.S.A. 1994 Supp. 21-4711(a). We hold, contrary to the decision of the Court of Appeals in State v. Vega-Fuentes, 24 Kan. App. 2d 93, 96, 942 P.2d 42 (1997), that appropriate municipal ordinance violations can be aggregated under K.S.A. 1994 Supp. 21-4711(a).

The defendant pled no contest to two counts of possession of cocaine with…