Motion to Correct Illegal Sentence

Motion to Correct Illegal Sentence

 
In State v. Trotter, 295 P.3d 1039 (Kan. 2013), the Kansas Supreme Court explained the manner by which a defendant may properly raise claims in a motion to correct a legal sentence under K.S.A. 22-3504.  In Trotter, the defendant argued that the district court erred in denying his motion to correct an illegal sentence – challenging “whether the information was fatally defective and deprived the district court of jurisdiction to convict him of capital murder.”
 Id. at *3. 
K.S.A. 22-3504 applies when a sentence is illegal.  Id.  The term “illegal sentence” has been defined by case law to mean: “(1) a sentence imposed by a court without jurisdiction; (2) a sentence that does not conform to the applicable statutory provision, either in the character or the term of authorized punishment; or (3) a sentence that is ambiguous with respect to the time and manner in which it is to be served.”  Id. 

The court emphasized that the relief available to convicted individuals under K.S.A. 22-3504 is correction of sentence, and not reversal of a conviction, which is what Mr. Trotter sought.  Id. Specifically, such a motion must attach the sentence and not argue that the complaint was defective, because such challenges the conviction.  Id. 
Finally the court noted that in order to overturn his sentence pursuant to K.S.A. 22-3504, Trotter must first seek to obtain a reversal of his conviction.  Id. at 4. 

If you any questions regarding a motion to correct illegal sentence contact Lindsey Erickson or Dionne Scherff, LLC at www.ericksonscherff.com