State v. Robertson

The Supreme Court affirmed the summary denial of Defendant's pro se motion, which Defendant called a combined "motion to correct illegal sentence" and "motion to dismiss for lack of jurisdiction," holding that Defendant failed to establish that his sentence was illegal and that Defendant could not overcome the procedural hurdles of the motion being successive and filed outside the statutory time limit. In his combined motion, Defendant requested that his convictions be reversed, invoking Kan. Stat. Ann. 22-3504 as the basis for jurisdiction. The district court summarily dismissed the motion. The Supreme Court affirmed, holding (1) Defendant cannot collaterally attack a conviction through a motion to correct an illegal sentence filed under section 22-3504 claiming that a defective complaint meant the district court lacked jurisdiction to convict; (2) the district court lacked jurisdiction over Defendant's motion to dismiss; and (3) Defendant's motion could not be considered as one filed under Kan. Stat. Ann. 60-1507 because such a motion is procedurally barred. View "State v. Robertson" on Justia Law

Posted in: Criminal Law

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