State v. Hayes
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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.
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