State v. Berreth
Annotate this CaseTen years after Rolland Berreth was convicted and sentenced for aggravated kidnapping and aggravated criminal sodomy with a child under fourteen years of age, Berreth filed a pro se motion to correct an illegal sentence. Berreth's appointed counsel later filed several motions, all of which argued multiplicity, expanding Berreth's pro se motion. The district court ruled Berreth's aggravated kidnapping conviction was multiplicitous with the aggravated criminal sodomy convictions, reduced Berreth's aggravated kidnapping conviction to kidnapping, and therefore reduced Berreth's sentence. The State filed its notice of appeal and docketing statement, each specifically describing the appeal as one taken upon a question reserved under Kan. Stat. Ann. 22-3602(b)(3). The court of appeals reversed the district court and ordered reinstatement of Berreth's original sentence, holding that the district court erred in determining Berreth's convictions were multiplicitous and in resentencing. The Supreme Court reversed, remanded, and ordered reinstatement of Berreth's reduced sentence, holding that the court of appeals failed to properly treat the State's appeal as a question reserved.
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