State v. DonahueAnnotate this Case
The Supreme Court affirmed the decision of the district court denying Defendant’s motion to correct an illegal sentence, holding that the motion was not the appropriate procedural vehicle to raise the constitutional claim.
Defendant was convicted of aggravated kidnapping and sentenced to life with the possibility of parole. Defendant later filed his motion to correct an illegal sentence, arguing that his sentence violated the Eighth Amendment because he was only sixteen years old when he committed the crimes. The district court summarily denied the motion, reasoning that it had not jurisdiction to consider the claim in a motion to correct illegal sentence under Kan. Stat. Ann. 22-3504(1). The Supreme Court affirmed, holding that Defendant’s constitutional claims did not implicate the sentencing court’s jurisdiction.