State v. DonaldsonAnnotate this Case
In State v. Ford, the Supreme Court held that a motion to correct an illegal sentence under Kan. Stat. Ann. 22-3504 is not an appropriate vehicle for challenging a conviction based upon an alleged violation of the competency to stand trial statute, Kan. Stat. Ann. 22-3302. In this case, Defendant filed a pro se motion to correct an illegal sentence a decade after he was convicted of felony murder and the sale of cocaine. In his motion, Defendant claimed, for the first time, that he had not been competent to stand trial, and therefore, the district court’s failure to sua sponte order a competency hearing and stay his prosecution rendered his convictions and sentences void for lack of jurisdiction. The district court summarily denied the motion. The Supreme Court affirmed, concluding that the holding in Ford controlled this case, and therefore, pursuant to Ford, Defendant may not utilize a motion to correct an illegal sentence to challenge the trial court’s alleged failure to comply with section 22-3302.