State v. Buford
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The Supreme Court affirmed the district court’s summary dismissal of Defendant’s motion to correct an illegal sentence under Kan. Stat. Ann. 22-3504, holding that Defendant’s sentence was not illegal.
Defendant pled guilty to felony murder and was sentenced to life imprisonment. The district court denied Defendant’s pro se motion to correct an illegal sentence, thus rejecting Defendant’s argument that each time the parole board passed him, it instituted a new and illegal sentence. The Supreme Court affirmed, holding that section 22-3504 was inapplicable to Defendant’s argument because the denial of parole is not a sentence.
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