State v. Montgomery

Malone, J.:

The State appeals the trial court’s denial of its motion to correct Pernell Montgomery's sentence. The issue is whether the 2000 amendment to K.S.A. 21-4720(b)(5), see L. 2000, ch. 37, sec. 1; K.S.A. 2004 Supp. 21-4720(b)(5), which requires an appellate court to remand a case for resentencing when it reverses a defendant’s primary conviction, can be applied ret*512roactively to Montgomery’s case. We hold the amendment was intended to clarify rather than change existing law, and its retroactive application to Montgomery’s case does not prejudice his substantive rights.

On December 19,…