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Thompson v. State

9/10/2004

herefore, Thompson was adequately notified of the severity level of the offense with which he was charged and to which he pled guilty.


Moreover, the record indicates that Thompson received notice of his prior convictions at the sentencing stage. Thompson's prior convictions for methamphetamine possession were referenced in his presentence investigation report. At the sentencing hearing, Thompson's counsel pointed out that those convictions were not calculated in Thompson's criminal history score because they were used to determine the severity level of the current offense. Thompson did not raise any objection to those prior convictions. The trial court was proper in its decision to sentence Thompson to a severity level 1 felony under K.S.A. 65-4160.


Ineffective Assistance of Counsel


Finally, Thompson contends that his counsel was ineffective by permitting him to be sentenced as a severity level 1 offender. Thompson raises the same arguments that were discussed in the previous two issues. Because we have found that Thompson's previous two arguments lack merit and that Thompson was properly sentenced as a severity level 1 offender, it is unnecessary to discuss his ineffective assistance of counsel issue further.


Affirmed.




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