Preview:

NO. 100,075 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. BARRY P. FILLMAN, Appellant.

SYLLABUS BY THE COURT 1. K.S.A. 21-3108(3)(a) prohibits the State from pursuing charges against a defendant who previously has been prosecuted by the federal government if the former prosecution resulted in a conviction or an acquittal and the subsequent prosecution is for the same conduct, unless each prosecution requires factual elements not required in the other prosecution.

2. Facts constituting the elements of a crime are those that increase the maximum punishment to which the defendant is exposed under governing law.

3. To determine if facts supporting enhancement of a base level offense as set forth in the federal sentencing guidelines constitute elements of a crime, the court must determine whether those facts expose the defendant to a greater punishment than the maximum punishment authorized by the jury's guilty verdict.

4. Federal sentencing guidelines are now only advisory; thus, the maximum punishment to which a defendant is exposed under governing law is no longer the high number in the base sentencing range under the guidelines. Instead, the maximum punishment to which a defendant is
1

exposed is now the maximum sentence prescribed in the applicable section of the United States Code.

5. Multiplicity is the charging of a single offense in several counts of a complaint or information. Multiplicitous charges create a potential for multiple punishments for one single offense. Such multiple punishments are prohibited by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and

Download State v. Fillman.pdf

Kansas Law