State v. Phillips
Annotate this CaseAfter a jury trial, Defendant was convicted of premeditated murder. Prior to trial, the State filed a motion for a separate sentencing proceeding. The assistant county attorney personally served on Defendant's counsel a notice of her intent to request a separate sentencing proceeding. After Defendant's conviction, the district court held a separate sentencing hearing and sentenced Defendant to a hard forty life sentence. Defendant later filed a motion seeking to correct an illegal sentence, alleging that the service and filing of the notice of the State's intent to ask for a separate sentencing hearing had not complied with statutory mandates. The district court summarily denied the motion. The Supreme Court affirmed, holding that the district court correctly found that the State complied with the statutory notice provisions of Kan. Stat. Ann. 21-4624(1).
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