State v. Swilley

Gernon, J.:

Donald B. Swilley raises the question on appeal as to whether it was error for the district court to classify his military convictions as felonies for criminal history purposes under the Kansas Sentencing Guidelines Act (KSGA).

Swilley pled no contest to one count of aggravated indecent solicitation of a child, in violation of K.S.A. 1993 Supp. 21-3511. An amended presentence investigation report was prepared which indicated that Swilley’s criminal history category was “B.” The report reached this determination by concluding his prior court-martial resulted in two person felonies.…