State v. Calvert

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 126,798 STATE OF KANSAS, Appellee, v. ANGELENE L. CALVERT, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 21-5801(b)(6) does not establish convictions of theft two or more times in the immediately preceding five years as an element of the crime of theft requiring proof beyond a reasonable doubt to the fact-finder. 2. Judges imposing sentences may rely on court records to establish both the dates of prior convictions and the statutes violated by defendants at the time they were convicted when using those records calls for a mechanical or mathematical…