State v. Delacruz

The opinion of the court was delivered by

Davis, J.:

This case involves the use of prior uncounseled misdemeanor convictions to establish a defendant’s criminal history under the Kansas Sentencing Guidelines Act (KSGA). The questions raised by this appeal are twofold: When and to what extent may such convictions be used and under what circumstances may a defendant collaterally attack (1) the convictions which enhance a sentence under the KSGA and (2) the underlying misdemeanor convictions which cause a conviction considered by the sentencing judge under the criminal history portion of the KS GA…