State v. Daniels

Summary

The Kansas Supreme Court affirmed the district court’s sentencing classification of Daniels’ 2003 Georgia burglary conviction as a person felony. The Court held that the Georgia burglary statute is divisible, so the conviction is not automatically a nonperson crime, and that Daniels, having admitted his criminal history at sentencing and failing to timely challenge it, bore the burden of proving any misclassification on appeal, which he did not meet.