State v. Mitchell
Annotate this CaseAfter a jury trial, Defendant was convicted of felony murder. The Supreme Court affirmed the conviction on appeal. Defendant subsequently filed a motion to void judgment pursuant to Kan. Stat. Ann. 60-260(b)(4), claiming that the district court's refusal to give his requested lesser included offense instructions on the felony-murder charge rendered void his conviction and sentence for that charge. The district court summarily denied Defendant's motion. The Supreme Court affirmed, holding that section 60-260(b)(4) does not provide a procedure for a criminal defendant to obtain postconviction relief from his conviction or sentence, and therefore, Defendant sought a remedy under section 60-260(b)(4) to which he was not entitled, and the district court was correct to deny the motion.
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