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Joe, the defendant in this hypothetical case, was charged with aggravated burglary, aggravated robbery, theft, and criminal possession of a firearm. These charges stemmed from his involvement in a forcible entry into an apartment. As Joe entered into the apartment, he demanded money from its occupants. While demanding money, Joe was holding what was described as a “skinny weapon” that had a pistol grip in the front and rear. When the police finally arrived on the scene, however, no weapon was found. Nor was any weapon found when Joe was later apprehended. Joe plead guilty to a charge of aggravated burglary and a reduced charge of robbery at his plea hearing. In exchange to pleading these counts, the State agreed to drop the other charges against Joe. Notably, none of the charges Joe pleaded to alleged he used a “deadly weapon” during the commission of those crimes. The district court accepted Joe’s pleas, but also made a finding that a firearm was used in the commission of the crime. If Joe were a resident of a state such as Alaska, he would most likely be sentenced to serve concurrent sentences. These sentences would roughly amount to a little under five years of incarceration. Joe’s sentence would be unaffected by the judge’s finding of Joe being in possession of a firearm because doing so would violate Joe’s Apprendi rights.2

,,,The Kansas Offender Registration Act: Where's the Constitutional Limit?