State v. SellersAnnotate this Case
After a jury trial in this Jessica’s Law case, Defendant was convicted of two counts of aggravated indecent liberties with a child. Following his direct appeal, Defendant filed a motion to arrest judgment pursuant to Kan. Stat. Ann. 22-3503, arguing that the charging document in his case was fatally defective and deprived the district court of jurisdiction to convict him because it failed to include the essential element that he was eighteen or older at the time of the alleged crimes. The district court denied the motion. The Court of Appeals dismissed the appeal. The Supreme Court reinstated the appeal but affirmed the judgment of the district court, holding (1) the Court of Appeals should not have dismissed Defendant’s appeal for lack of jurisdiction; but (2) Defendant may not raise a collateral challenge to the charging document in a section 22-3503 motion filed well after his direct appeal.