State v. BryantAnnotate this Case
The Supreme Court affirmed the decision of the district court judge denying Defendant's motion to correct an illegal sentence, holding that where Defendant failed to establish that his sentence was illegal at the time it was imposed the district court correctly denied Defendant's motion to correct an illegal sentence.
Defendant was convicted of first-degree murder and aggravated robbery. Based on Defendant's criminal history score, the district judge sentenced him to life in prison for murder and a consecutive 233 months for aggravated robbery. Defendant later filed his motion to correct an illegal sentence, arguing that subsequent changes in the law rendered his sentence illegal. The district court denied the motion. Defendant appealed, arguing that his sentence was illegal under State v. Wetrich, 412 P.3d 984 (Kan. 2018). The Supreme Court affirmed, holding (1) the illegal sentence statute and recent decisions from the Court foreclosed Defendant's challenge to his sentence; and (2) Defendant cannot use a motion to correct an illegal sentence to argue that his sentence is unconstitutional.