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No. 100,785 IN THE COURT OF APPEALS OF THE STATE OF KANSAS

STATE OF KANSAS, Appellee,
v.

MIGUEL BARAJAS, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 21-4711(e) requires the district court to classify a defendant's out-of-state felony conviction as a person or nonperson felony by referring to comparable Kansas offenses. If Kansas lacks a comparable offense, the out-of-state conviction shall be classified as a nonperson crime.

2.

Under K.S.A. 21-4711(e), a comparable offense need not contain elements identical to those of the out-of-state crime, but must be similar in nature and cover a similar type of criminal conduct.

3. In determining whether a Kansas offense is comparable to an out-of-state conviction, the court must compare the elements of each statute, keeping in mind that the elements need not be identical.

4. While both California's offense of DUI causing bodily injury, Cal. Vehicle Code

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Kansas Law