State v. Allison

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 128,344 STATE OF KANSAS, Appellee, v. CHRISTOPHER J. ALLISON, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 22-3504(c)(1) defines an illegal sentence as one imposed by a court without jurisdiction, one that does not conform to the applicable statutory provision, or one that is ambiguous. 2. As used in K.S.A. 22-3504(c)(1), the phrase "applicable statutory provision" is limited to those statutory provisions that define the crime, assign the category of punishment, or involve the criminal history classification. 3. A hard 40 sentence is not illegal…