Appeal No. 119,302: State of Kansas v. Gregory Lynn Gales
Summary calendar; no oral argument
The Kansas Supreme Court vacated Gales' Edwards County sentence for a 2001 second-degree murder conviction and remanded for resentencing. When the original sentence was imposed, a California burglary from Gales' youth was counted as a "person" crime for the purposes of applying Kansas sentencing guidelines, which resulted in a longer sentence than if the burglary was considered a "nonperson" crime. The statute for determining which classification to apply to a prior crime required the sentencing court to determine the most comparable Kansas offense. In a unanimous opinion written by Justice Dan Biles, the court held the California burglary must be considered a "nonperson" crime in Gales' case, since the California statute was equally comparable to both "person" and "nonperson" versions of burglary in Kansas.