State v. Shelly
Annotate this CaseDefendant, along with his codefendant wife, entered a no contest plea to unlawful distribution of a drug precursor and unlawful possession of a drug precursor. Defense counsel did not file a timely direct appeal. After successfully seeking a sentence reduction under Kan. Stat. Ann. 60-1507, Defendant appealed. The court of appeals remanded to the district court for a hearing under State v. Ortiz, which permits untimely appeals when one of three exceptions applies. The district court concluded that none of the Ortiz exceptions applied in Defendant’s case, and the court of appeals affirmed. The Supreme Court reversed, holding that the third Ortiz exception applied to Defendant’s case because he was furnished an attorney for appeal who failed to perfect or complete the appeal. Remanded.
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