State v. HayesAnnotate this Case
The Supreme Court affirmed the district court’s summary denial of Appellant’s pro se motion to correct an illegal sentence, holding that the district court’s failure to hold a hearing on the motion with Appellant present did not violate the plain language of Kan. Stat. Ann. 22-3504 or violate the due process clause of the Fourteenth Amendment.
Appellant was convicted of first-degree murder, aggravated robbery, and conspiracy to commit robbery. The Supreme Court affirmed. Appellant later filed a pro se motion to correct an illegal sentence, arguing that the revised Kansas Sentencing Guidelines Act, Kan. Stat. Ann. 21-6801, precludes a first-time offender from receiving the maximum sentence. The district court summarily dismissed the motion. The Supreme Court affirmed, holding that Appellant had no right to a hearing or to be present for the district court’s preliminary review of his motion to correct an illegal sentence.