Supreme Court of Kansas
State v. Clark
May 14, 2021486 P.3d 591
Summary
The court held that Kansas appellate courts have jurisdiction to hear the State’s appeal challenging the legality of a sentence. It further held that the legality of Clark’s sentence was governed by the law in effect when he was originally sentenced in 2005, under which his out-of-state conviction was properly classified as a person offense; therefore, his 2019 sentence based on a nonperson classification was illegal. The court affirmed the Court of Appeals, reversed the district court, vacated the 2019 sentence, and remanded for resentencing.