TOPEKA, Kan. (AP) – The Kansas Supreme Court says a Shawnee County court incorrectly sentenced a man for battery.
The Topeka Capital-Journal reports in a ruling Friday, the Kansas Supreme Court said the Shawnee County District Court improperly assessed a prior conviction of Topeka defendant Richard Allen Luarks and incorrectly sentenced him to 14 years in prison.
Luarks was sentenced after being convicted of aggravated battery for stabbing a person in 2010.
The state Supreme Court vacated Luarks’ sentence and sent it back to the district court, saying Luarks’ 1981 conviction for burglary was incorrectly assessed when his sentence was being determined.
The court says without that conviction weighing into his sentencing calculation, Luarks would get a lower sentence.