State v. HortonAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals affirming the district court’s summary denial of Defendant’s motion to correct an illegal sentence under Kan. Stat. Ann. 22-3504, holding that a motion to correct an illegal sentence cannot be used to collaterally attack a district court’s evidentiary finding that a defendant violated the terms and conditions of probation.
In his motion, Defendant challenged the revocation of his probation more than sixteen years earlier, arguing (1) his probation revocation was illegal because no valid probation violation had been established, and (2) because the revocation of his probation was not authorized by the applicable statutory provision, Kan. Stat. Ann. 22-3716, the resulting sentence was illegal. The district court summarily dismissed Defendant’s motion. The court of appeals affirmed. The Supreme Court affirmed, holding that a probation violator cannot use section 22-3504 to collaterally attack the district court’s guilt determination at a probation violation hearing.