Trotter v. State

The opinion of the court was delivered by

LUCKERT, J.:

Christopher M. Trotter appeals the district court’s summary denial of his K.S.A. 60-1507 motion, raising arguments that we have grouped into two issues for purposes of our analysis.

First, may this court consider whether Trotter’s convictions for capital murder and first-degree premeditated murder are multiplicitous when the issue is raised for the first time on appeal from a summary denial of a K.S.A. 60-1507 motion and, if so, grant relief? We answer this question, “yes.” Under the extraordinary circumstances of this case, the defendant…