State v. Welty

Malone, J.:

Lloyd D. Welty appeals the sentence for his conviction of one count of attempted manufacture of methamphetamine. Welty claims that the district court erred in including in his criminal history a prior conviction which was not included in a presentence investigation (PSI) criminal history report adopted by a court at a prior sentencing. He also claims that his conviction should be reclassified as a drug severity level 3 offense pursuant to State v. McAdam, 277 Kan. 136, 83 P.3d 161 (2004).

Welty was charged in Riley County District Court with conspiracy to manufacture…