State v. Gales

Summary

The court held that Gales's prior California burglary adjudication was improperly classified as a person felony because Kansas's comparability analysis must examine the statutory elements rather than the facts underlying the prior adjudication. Because the indivisible California burglary statute was equally comparable to Kansas's person and nonperson burglary provisions, the ambiguity had to be resolved under the rule of lenity in favor of scoring the adjudication as a nonperson offense. The court reversed the Court of Appeals, vacated Gales's sentence, and remanded for resentencing.