State v. Parks

The decision of the court was delivered by Nuss, C.J.:

*1071 Phillip Parks appeals the district court's denial of his pro se motion to set aside a "void judgment." At the urging of Parks' later-appointed counsel, the court treated the motion as one under K.S.A. 2017 Supp. 22-3210 to withdraw Parks' no contest plea accepted by the court 19 years earlier. Because Parks failed to allege the required excusable neglect under that statute's provision allowing late motions for plea withdrawal, the court held it was untimely and denied it.

Parks now argues the court should have construed his motion as one…