State v. Smith

Vickers, J.:

Defendant Ronald Smith appeals the trial court’s dismissal of his motion to modify sentence for lack of jurisdiction. This is the second time his appeal is before us. Smith pled no contest to rape, K.S.A. 21-3502; aggravated criminal sodomy, K.S.A. 21-3506; and aggravated burglary, K.S.A. 1991 Supp. 21-3716. Smith was sentenced to a controlling term of 20 to 40 years’ imprisonment. Smith filed a motion to modify his sentence, which was denied. Smith appealed the trial court’s denial of his motion to this court. We affirmed his sentence in State v. Smith, No. 65,813, unpublished…