State v. Robinson

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NOT DESIGNATED FOR PUBLICATION

No. 120,508

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

STATE OF KANSAS,
Appellee,

v.

JERRELL L. ROBINSON,
Appellant.

MEMORANDUM OPINION


Appeal from Sedgwick District Court; JEFFREY SYRIOS, judge. Opinion filed November 8, 2019.
Affirmed.

Sam Schirer, of Kansas Appellate Defender Office, for appellant.

Matt J. Maloney, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt,
attorney general, for appellee.

Before POWELL, P.J., PIERRON and ATCHESON, JJ.

PER CURIAM: After the district court revoked his probation, Jerrell L. Robinson
appealed. He does not challenge the revocation. He argues only—for the first time on
appeal—that the district court erred by aggregating three prior violations of a municipal
ordinance prohibiting domestic battery into a person felony when calculating his criminal
history score.

In State v. Vega-Fuentes, 264 Kan. 10, 15, 955 P.2d 1235 (1998), the Kansas
Supreme Court held that "municipal ordinance violations which are comparable to
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misdemeanors are to be treated as those misdemeanors for purposes of classification and
aggregation."

Robinson does not dispute the existence of his prior municipal ordinance
violations, nor does he argue that those violations are not comparable to misdemeanor
convictions for domestic battery under Kansas state law. Misdemeanor domestic battery
in Kansas is either a class A or a class B person misdemeanor, and K.S.A. 2018 Supp. 21-
6811(a) requires that when calculating an offender's criminal history score, three class A
or class B person misdemeanors are aggregated to count for one person felony. Under
Vega-Fuentes, Robinson's municipal violations were properly treated as misdemeanor
domestic battery convictions. Thus, the district court did not err by aggregating
Robinson's three prior municipal violations into one person felony when calculating his
criminal history score.

Affirmed.