Opinion filed September 4, 1998. Steven J. Obermeier , assistant district attorney, Paul J. Morrison , district attorney, and Carla J. Stovall , attorney general, for the appellant. The State of Kansas appeals the district court's granting of Brian Herrick's motion to correct sentence filed pursuant to K.S.A. 60-1507. The State argues the structure was a dwelling since it was used or intended for use as a residence. The State further contends the district court abused its discretion in admitting hearsay evidence from the police reports under the business records exception in order to establish that the residence subjected to Herrick's attempted burglary was used for storage.
Some detailed facts are necessary.
In case number 93CR3350, Herrick was convicted of aggravated battery and aggravated robbery. In his direct appeal, this court affirmed Herrick's aggravated robbery conviction but reversed his aggravated battery conviction based on multiplicity grounds. Approximately 6 months after the resolution of his direct appeal, Herrick filed a motion to correct sentence pursuant to K.S.A. 60-1507. Herrick objected to his criminal history classification of category C used in 93CR3350. The district court conducted an evidentiary hearing on Herrick's motion.