State v. Willingham

The opinion of the court was delivered by

Davis, J.:

This is an appeal from the denial of a motion to file an appeal out of time following a hearing under the provisions of State v. Ortiz, 230 Kan. 733, 640 P.2d 1255 (1982). The trial court determined that the defendant, Shawn Willingham, waived his right to appeal. We reverse and remand with instructions that the defendant be allowed to file his notice of appeal out of time based on our conclusion that the record fails to support a waiver.

The defendant was charged with first-degree murder, attempted aggravated robbery, aggravated assault, and…