State v. Rios

Dennis Rios, upon his plea of guilty, was convicted of aggravated robbery (K.S.A. 21-3427). He was sentenced to a term of five years to life in accordance with K.S.A. 21-4501(h) and K.S.A. 1978 Supp. 21-4618 (mandatory minimum sentencing for certain crimes committed with a firearm). On June 2, 1978, defendant filed a timely motion for modification of his sentence pursuant to K.S.A. 1978 Supp. 21-4603(2), which was denied on the basis of lack of jurisdiction. From this order defendant appeals.

Defendant argues that K.S.A. 1978 Supp. 21-4618 has been complied with since he was originally…