Automated Summary
Key Facts
Billy J. Baert appealed his resentencing after the Kansas Court of Appeals remanded his case for resentencing following State v. Dickey. The district court reevaluated his criminal history score based on a new presentence investigation report and determined he had a criminal history score of A. Baert argued the district court erred in classifying his prior out-of-state Colorado burglary convictions and federal bank robbery convictions as person felonies. The Court of Appeals affirmed the district court's decision, finding that under the law in effect at the time his sentence was pronounced (January 13, 1999), the district court properly classified these convictions as person felonies and the sentence of 776 months was not illegal.
Issues
- The appellant challenges the classification of his two 1990 federal bank robbery convictions under 18 U.S.C. § 2113(a) as person felonies. He argues that the federal statute is broader than the comparable Kansas robbery statute because it can be completed by larceny when the perpetrator enters a bank. The court must determine whether the federal bank robbery statute is comparable to Kansas robbery and whether these convictions properly constitute person felonies for criminal history scoring purposes.
- The appellant argues that his two 1990 Colorado second-degree burglary convictions should be classified as nonperson felonies rather than person felonies. He contends that the Colorado statute differs from the Kansas burglary statute because the Colorado statute does not restrict convictions to burglary of a dwelling. The court must determine whether these out-of-state convictions are comparable to Kansas burglary offenses under the KSGA and whether they properly constitute person felonies for criminal history purposes.
- The case addresses whether Baert's sentence should be evaluated under the law in effect at the time it was pronounced in 1999, or under current law. The court applies the Murdock II, Newton, and Weber precedent that sentence legality is fixed at the moment of pronouncement and subsequent changes in law do not render a previously legal sentence illegal.
Holdings
The Court of Appeals of Kansas affirms the district court's sentencing decision, finding that the district court properly classified appellant Baert's prior out-of-state Colorado burglary convictions and federal bank robbery convictions as person felonies for criminal history purposes. The court determined that the sentence was legal under Kansas law at the time it was pronounced and that subsequent changes in law do not render the sentence illegal.
Remedies
The Court of Appeals affirmed the district court's sentence, finding that Baert's criminal history score of A was properly calculated and his sentence was not illegal.
Legal Principles
- The legality of a criminal sentence is fixed at the discrete moment it is pronounced, governed by the law in effect at that time. Subsequent changes in law do not render a previously legal sentence illegal. This principle applies to motions to correct illegal sentences under K.S.A. 22-3504(1), which permits correction at any time, and defines illegal sentences as those imposed without jurisdiction, not conforming to statutory provisions, or ambiguous regarding service time and manner. Parties cannot agree to or stipulate to an illegal sentence, and res judicata cannot bar such motions.
- When classifying out-of-state convictions for Kansas criminal history purposes, the offense need only be comparable, not identical, to the Kansas offense. Courts examine documents to determine which elements formed the basis of the conviction, particularly when statutes are divisible. The Kansas Sentencing Guidelines Act requires determining comparable offenses to classify prior convictions as person or nonperson felonies, with convictions occurring in federal systems treated as out-of-state convictions.
Precedent Name
- State v. Hayes
- State v. Vandervort
- State v. Weber
- State v. Lehman
- State v. Keel
- State v. Newton
- State v. Dickey (Dickey I)
- State v. Murdock (Murdock II)
Cited Statute
- Kansas Sentencing Guidelines Act
- Kansas robbery statute
- Federal bank robbery statute
- Kansas Statutes Annotated
- Colorado second-degree burglary statute
- Kansas burglary statute
Judge Name
- PIERRON
- BUSER, P.J.
- BRUNS
Passage Text
- "Accordingly, we find Baert's Colorado convictions are comparable to burglary under K.S.A. 21-3714(a), as both crimes involve the burglary of a building identified as a dwelling. As such, the district court properly treated Baert's prior Colorado burglary convictions as person felonies for the purpose of calculating his criminal history score."
- "The federal bank robbery statute and the Kansas burglary statute define crimes that are similar in nature and cover a similar type of criminal conduct. Thus, we find that the federal bank robbery statute is comparable to the Kansas crime of robbery. Accordingly, the district court properly scored Baert's federal bank robbery convictions as person felonies."
- "The legality of a sentence is fixed at a discrete moment in time—the moment the sentence was pronounced. At that moment, a pronounced sentence is either legal or illegal according to then-existing law. Therefore, for purposes of a motion to correct an illegal sentence, neither party can avail itself of subsequent changes in the law."