Case remanded after Kansas Supreme Court finds drug sentence to be illegal

Published: May. 7, 2023 at 1:47 PM CDT
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TOPEKA, Kan. (WIBW) - A Kansas man’s case will be resentenced after the Kansas Supreme Court said part of his sentence for drug possession was not legal.

The Kansas Supreme Court says that in the case of Appeal No. 123,382: State of Kansas v. Allen Lee Busch, it has unanimously affirmed and reversed part of the Court of Appeals’ decision. It also affirmed and vacated part of the Seward Co. Court decision which sentenced Bush for possession of meth, oxycodone and drug paraphernalia.

Court records indicate that Busch claimed on appeal that his sentences were illegal as the State failed to prove his previous convictions in New Jersey for burglary and criminal trespass were person felonies.

The Court noted that the elements of the New Jersey burglary statute did not require proof of residential involvement as is mandated in Kansas and held those convictions could not be classified as person felonies.

Court documents also show it affirmed the classification of Busch’s previous criminal trespass conviction from New Jersey as a person felony, however, as one version of that statute’s elements required proof of residential involvement and the State carried its burden of proof.

The Court has remanded Busch’s case back for resentencing.