The Kansas Court of Appeals today sent back a Wyandotte County case for resentencing.
In the case, Leroy Briggs appealed his conviction and sentence for aggravated battery. The court stated that the conviction was affirmed, and the sentence was vacated.
Briggs claimed there was an error in denying his presentencing motion to withdraw his guilty plea and an error in classifying his 1982 juvenile burglary as a personal felony for criminal history purposes.
The case stemmed from an incident on I-70 near 3rd Street in Kansas City, Kan.
According to court records, Briggs was identified as the driver of a vehicle that hit another car from behind, then later hit the same vehicle again, before leaving the scene of the crash. .Briggs’ vehicle had been reported stolen. The other driver had head, spine, pelvis and foot injuries.
In a plea agreement, Briggs pleaded guilty to aggravated battery, while charges involving leaving the scene of an accident, criminal damage to property and felony theft were dropped.
Briggs’ later motion to withdraw his plea was denied. After the district court sentenced him to 162 months in prison, 36 months postrelease supervision and restitution, he appealed.
The court today ruled that Briggs’ 1982 burglary adjudication should have been classified as a nonperson felony.