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Thompson v. State9/10/2004
Affirmed.
Brad Thompson appeals from the trial court's denial of relief in proceedings under K.S.A. 60-1507. Thompson's arguments relate to sentencing in his underlying conviction, resulting from a plea bargain, for possession of methamphetamine as a severity level 1 offense under K.S.A. 65-4160(a). On appeal, Thompson raises three arguments. First, Thompson argues that both of his prior convictions could not be used to elevate his possession of methamphetamine charge from a severity level 4 offense to a severity level 1 offense under K.S.A. 65-4160. We disagree. Thompson's prior convictions followed the proper sequential pattern in order for him to be found guilty of a severity level 1 offense. The fact that Thompson's first and second convictions were both sentenced as first offenses does not affect his sentence in the present case.
Next, Thompson contends that he must be resentenced to a severity level 4 offense because the complaint failed to allege his prior convictions. We again disagree. The complaint was only required to state the severity level of the offense under K.S.A. 65-4160. Evidence of Thompson's prior convictions did not have to be brought forth until sentencing. Because the complaint adequately informed Thompson of the severity level with which he was being charged, we find that Thompson's argument lacks merit.
Finally, relying on his two previous arguments, Thompson raises an ineffective assistance of counsel issue. Because we have determined that Thompson's previous arguments lack merit, it is unnecessary to conduct any further analysis of this issue. Accordingly, we affirm the trial court's ruling.
During December 1999, Thompson was charged with manufacturing methamphetamine in violation of K.S.A. 65-4159(a). The complaint was later amended to include the charge of possession of methamphetamine as a severity level 1 felony in violation of K.S.A. 65-4160(a).
To be convicted of possession of methamphetamine as a severity level 1 offense under K.S.A. 65-4160, a defendant must have two prior convictions under that statute. The complaint did not detail Thompson's two prior convictions; however, it clearly set forth that Thompson was being charged with a severity level 1 offense under K.S.A. 65-4160(a).
The record reveals that before Thompson's commission of the offense in the present case, he had two convictions for possession of methamphetamine. Specifically, on March 30, 1998, Thompson pled guilty to possession of methamphetamine as a severity level 4 felony in case number 97 CR 2841. He was sentenced for that offense on May 22, 1998. After Thompson pled guilty but before he was sentenced in 97 CR 2841, the State again charged Thompson with possession of methamphetamine as a severity level 4 offense under K.S.A. 65-4160(a) in case number 98 CR 1032. The complaint was filed on April 21, 1998, and alleged that the act was committed on or about April 19, 1998. Thompson pled guilty to that offense during July 1998 and was sentenced as a level 4 offender during August 1998.
In the instant case, during July 2000, Thompson entered into a plea agreement with the State in which he pled guilty to the charge of possession of methamphetamine, a severity level one felony, in violation of K.S.A. 65-4160(a). As part of the plea agreement, the State agreed to dismiss the remaining charge of manufacturing methamphetamine. Thompson and the State also agreed to a downward durational departure sentence of 112 months' incarceration. The trial court accepted the plea agreement and sentenced Thompson to 112 months in prison.
During March 2003, Thompson brought an action under K.S.A. 60-1507, requesting that the tr
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