Wilkerson v. State

Greene, J.:

Tobias W. Wilkerson appeals the district court’s summary denial of his motion under K.S.A. 60-1507, arguing the court erred in finding the motion untimely and that his motion entitles him to an evidentiary hearing in order to prevent manifest injustice. Concluding the motion was indeed untimely and declining to address the issue of manifest injustice because it was not asserted or considered in the district court, we affirm.

Wilkerson pled guilty to aggravated robbery and aggravated battery in exchange for the State’s recommendation of concurrent sentences at the low number in the…