The Kansas Court of Appeals has vacated the sentence in a Lyon County burglary case.
The appellate court made its ruling in a case against Tyler McCarley, who reached a plea agreement with prosecutors in 2017 on charges of attempted aggravated burglary and aggravated battery. McCarley’s agreement was based on his criminal history being in a higher category than it actually turned out to be, based on an incorrect acknowledgment by the defendant. The sentence of 92 months on the controlling attempted burglary charge, however, stayed the same.
McCarley appealed, saying the sentence was illegal, and the Court of Appeals agreed. It said the lower criminal history score automatically lowered the maximum sentence, even with an upward durational departure that was applied — in this case to 62 months instead of 92.
The case has been sent back to Lyon County District Court for resentencing.
