State v. LaBELLE

The opinion of the court was delivered by

Nuss, J.:

Kevin J. LaBelle appeals the Court of Appeals’ affirmation of the district court’s denial of his motion to correct an illegal sentence. We granted LaBelle’s petition for review; our jurisdiction is under K.S.A. 20-3018(b).

The issues on appeal, and our accompanying holdings, are as follows:

1. Did the district court err in classifying LaBelle as a persistent sex offender and in ultimately doubling his sentence pursuant to K.S.A. 21-4704? Yes.

2. Did the district court violate LaBelle’s Sixth Amendment rights under the United States Constitution…