State v. Mitchell
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The Supreme Court affirmed the judgment of the district court denying Defendant's pro se motion to correct an illegal sentence, holding that the district court did not err in summarily denying Defendant's motion.
A jury convicted Defendant of aggravated burglary, aggravated kidnapping, rape, and two counts of aggravated sodomy. Defendant later filed a pro se motion to correct an illegal sentence under Kan. Stat. Ann. 22-3504, arguing that his sentence was illegal because he was denied his statutory right to a speedy trial and his right to allocution at sentencing. The district court denied the motion without holding an evidentiary hearing. The Supreme Court affirmed, holding that neither of Defendant's claims was properly before the court in a motion to correct an illegal sentence.
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