State v. Aleman

Briscoe, C.J.:

Defendant Miguel Aleman appeals the sentence imposed following his nolo contendere plea to possession of cocaine (K.S.A. 1991 Supp. 65-4127a). Aleman contends the court improperly applied K.S.A. 1991 Supp. 21-4608(3) to conclude that a consecutive sentence was mandatory. He argues the court should have relied upon K.S.A. 1991 Supp. 21-4608(8), which gives the court discretion to impose either a consecutive or a concurrent sentence. Aleman seeks remand to the district court for resentencing.

Aleman also appeals from the denial of his post-conviction motion filed pursuant to K.S.A.…