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Legal Opinion

State v. McAlister - (Corrected - May 3, 2017)

Court of Appeals of Kansas

Decided April 28, 2017No. 115887Published

1Opinion of the Court

Nos. 115,887 115,888 115,889 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. JACOB J. MCALISTER, JR., Appellant. SYLLABUS BY THE COURT 1. Whether a sentence is illegal within the meaning of K.S.A. 22-3504 is a question of law over which an appellate court has unlimited review. Also, whether a prior conviction is properly classified as a person or nonperson crime for criminal history purposes raises a question of law subject to unlimited review. 2. The Kansas Supreme Court has defined an "illegal sentence" as (1) a sentence imposed by the court without…

2Cases cited22 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Alleyne v. United StatesSupreme Court of the United States · 2013
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. Alabama v. SheltonSupreme Court of the United States · 2002
  5. State v. GouldSupreme Court of Kansas · 2001

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