State v. WilsonAnnotate this Case
The Supreme Court remanded this case to the district court for a new hearing on the State’s motion to correct an illegal sentence, holding that prosecutorial error may occur during a sentencing proceeding before a judge and that the analytical framework from State v. Sherman, 387 P.3d 1060 (Kan. 2016) applies in both the guilt and penalty phases of any trial.
Defendant failed to meet his probation terms and was ordered to serve his underlying prison sentence of thirty-two months. The State later moved to correct an illegal sentence, arguing that the district court erred by not imposing lifetime postrelease supervision as part of Defendant’s original sentence. The district court granted the motion. On appeal, Defendant argued that prosecutorial misconduct occurred during the hearing on the motion to correct an illegal sentence. The Supreme Court agreed and remanded the case, holding (1) Sherman provides the best measure to evaluate the prosecutorial error in the context of Defendant’s sentencing hearing before a district court judge; and (2) applying the Sherman test, the prosecutor was outside the wide latitude afforded when arguing the State’s motion to correct an illegal sentence.