Kansas Appellate Court Orders Resentencing of Kickapoo Tribal Member

Here is the opinion in State v. Horselooking:

State v Horselooking

An excerpt:

Alvin P. Horselooking, Jr., appeals his sentence following his convictions of aggravated battery and driving under the influence of alcohol (DUI). The district court assigned Horselooking a criminal history score of B based in part on his Kickapoo Nation tribal conviction of residential burglary, which the district court scored as a person felony for criminal history purposes. However, the Kickapoo Nation Tribal Code does not designate burglary as being either a felony or a misdemeanor offense. As his sole issue on appeal, Horselooking claims the district court erred when it scored his prior Kickapoo tribal conviction as a felony for criminal history purposes. Because we agree with Horselooking’s claim, we vacate his sentence and remand for the district court to resentence Horselooking using the correct criminal history score.

This entry was posted in Author: Matthew L.M. Fletcher, Criminal, Research, Tribal Codes, tribal courts and tagged , , . Bookmark the permalink.

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