State v. Thomas

The opinion of the court was delivered by

Nuss, J.:

The State appeals the Court of Appeals’ order granting Thomas’ motion for summary disposition and remanding for re-sentencing pursuant to State v. McAdam, 277 Kan. 136, 83 P.3d 161 (2004). The State argues that a late appeal granted by the district court in 2005 must be subject to the law in effect at the time Thomas should have filed it, September 2001, and in effect during the course of that 2001 appeal. It reasons that because McAdam is a 2004 decision, Thomas’ appeal could not have been pending at that late date and a sentence reduction…