State v. Haskins

The opinion of the court was delivered by

Abbott, J.:

This is a direct appeal by Joshua Haskins from the sentence imposed after his plea of guilty to aggravated battery contrary to K.S.A. 21-3414(a)(l)(A), a severity level 4 person felony. The battery was on his 2-monfh-old daughter who received broken ribs, a broken wrist and hand, and injuries to her face and eye.

At issue is the following question: When the parties make a mutual mistake as to the defendant’s criminal history score prior to and at the entry of a guilty plea, can the trial court impose a sentence on the more serious criminal…