Baker v. State
Annotate this CaseDefendant was convicted of first-degree murder and sentenced to life imprisonment without the possibility of parole for fifty years. The Supreme Court affirmed Defendant's conviction but vacated his sentence and remanded for resentencing. Defendant was subsequently resentenced to life imprisonment without the possibility of parole for twenty-five years. Within one year of the resentencing hearing but more than one year after the remand, Defendant filed a Kan. Stat. Ann. 60-1507 motion alleging ineffective assistance of trial counsel. The district court dismissed the motion as untimely. The court of appeals reversed, holding that section 60-1507's time limitation began ten days after resentencing. The Supreme Court affirmed, holding (1) under the facts of this case, the one-year time limitation in which to file a section 60-1507 motion does not begin until the time to appeal from the resentencing expires; and (2) under the circumstances, Defendant's motion was timely.
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