Kansas Supreme Court affirms use of Mo. kidnapping in Kan. sentencing
TOPEKA, Kan. (WIBW) - The Kansas Supreme Court has affirmed the use of a Missouri kidnapping in a Kansas sentencing.
The Kansas Supreme Court says in the matter of Appeal No. 120,853: State of Kansas v. Corey Eugene Samuels, Samuels has challenged the classification of an out-of-state kidnapping conviction for the purpose of deciding his criminal history score in the State of Kansas.
According to the Court, the Johnson Co. District Court classified the Missouri kidnapping as a person felony, which contributed to Samuels’ criminal history score of A and subjected him to the most severe sentences for his current crimes of conviction.
The Court said Samuels committed his offenses in 2018. Under the law at the time, it said Kansas courts compared the out-of-state conviction to an alleged comparable Kansas offense to find whether the elements of the out-of-state offense were similar to or narrower than the Kansas offense. If the out-of-state offense’s elements were similar or narrower, then the offense could be classified as a person felony. If broader, it said the offense was not comparable and must be socred a non-person felony.
According to the Court, it concluded that Missouri’s kidnapping statute was identical to or narrower than Kansas’ statute. It said the district court correctly decided the Missouri offense was comparable to the Kansas offense and scored as a person felony.
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