State v. Harris

The opinion of the court was delivered by

Herd, J.:

In this criminal action, Wiley Harris appeals the trial court’s dismissal of his motion for a new trial based upo,n newly discovered evidence. The trial court held it did not have jurisdiction to hear Harris’ motion because Harris had a K.S.A. 60-1507 motion on appeal before the Court of Appeals at the time he filed his new trial motion pursuant to K.S.A. 22-3501.

Defendant Wiley Harris was found guilty of one count of aggravated robbery (K.S.A. 21-3427) on January 9, 1987, in case *411number 86 CR 708. He was sentenced to 15 years to life on…