The presentence investigation report classified that offense as a severity level 9 offense. After a hearing, the district court overruled the objection and determined the presentence investigation report properly classified Lanning as having a criminal history category of G. Lanning was sentenced pursuant to the Kansas sentencing guidelines to 8 months' incarceration. Specifically, he argues that his 1993 juvenile adjudication, which requires that he be prosecuted as an adult, cannot be used to enhance the severity level of his subsequent adult conviction. The State asserts that 1994 Supp. Rather, it determined whether Lanning was a juvenile or should be prosecuted as an adult offender.
Statutory interpretation is a question of law.
An appellate court's review of a question of law is unlimited. It is a fundamental rule of statutory construction, to which all other rules are subordinate, that the intent of the legislature governs if that intent can be ascertained. Generally, criminal statutes are to be construed strictly against the State. However, this rule of construction is subordinate to the rule that judicial interpretation must effectuate legislative design and the true intent of the legislature. LaMunyon, an adult, pleaded nolo contendere to one count of possession of marijuana with intent to sell and was sentenced to 3 to 10 years.