State v. Cockerham

The opinion of the court was delivered by

Davis, J.:

The State appeals the district court’s order denying its motion to correct an illegal sentence. This court’s jurisdiction is invoked pursuant to K.S.A. 22-3602(b)(3) for an appeal by the prosecution upon a question reserved. The narrow question reserved is whether the trial court’s grant of credit to the defendant for prison time served in Kentucky against his earlier Kansas sentence was a modification of his sentence without jurisdiction and, therefore, an illegal sentence.

The facts in this case are undisputed. The defendant, Larry E.…