State v. Morningstar

The opinion of the court was delivered by

Biles, J.:

This appeal concerns a consecutive sentence ordered after an appellate remand in a multiple-conviction case. See State v. Morningstar, 289 Kan. 488, 495, 213 P.3d 1045 (2009) (Morningstar I). The Court of Appeals dismissed the appeal because it determined it was without jurisdiction because the new sentence was within the presumptive range under the Kansas Sentencing Guidelines Act (KSGA). See State v. Morningstar, No. 103,433, 2011 WL 1878003, at *2 (Kan. App. 2011) (unpublished opinion) (Morningstar II); see also K.S.A. 21-4721(c)(1) (no…