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State v. Hobbs7/11/2003
are without merit. His failure to object to the categorization of person felony of the 1994 burglary at the time of sentencing in the drug case permits the trial judge in the present case to take judicial notice of the Presentence Investigation (PSI) report that was a part of the record in Case No. 97CR2873. In nearly identical circumstances, the Court of Appeals stated:
"Hatt failed to object to the categorization of person felony of the California conviction of burglary at the time of sentencing for No. 96 CR 209 under K.S.A. 27-4715(c), which provides:
'Upon receipt of the criminal history worksheet prepared for the court, the offender shall immediately notify the district attorney and the court with written notice of any error in the proposed criminal history worksheet. The state shall have the burden of producing further evidence to satisfy its burden of proof regarding any disputed part, or parts, of the criminal history and the sentencing judge shall allow the state reasonable time to produce such evidence to establish the disputed portion of the criminal history by a preponderance of the evidence.'
"Without an objection by Hatt, the PSI report was admitted and filed as a part of the record for No. 96 CR 209, and the trial court may take judicial notice of the report pursuant to K.S.A. 2000 Supp. 21-4714(f). Contrary to Hatt's arguments, these two statutory provisions are not in conflict. The trial court did not err in taking judicial notice of Hatt's previously filed PSI report instead of requiring the State to produce evidence to establish the disputed portion of the criminal history by a preponderance of the evidence." State v. Hatt, 30 Kan. App. 2d 84, 86, 38 P.3d 738 (2002).
Affirmed.
ABBOTT, J., not participating.
BRAZIL, S.J., assigned.
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