Spencer v. State

Solomon, J.:

Gene D. Spencer appeals the district court’s dismissal of his K.S.A. 60-1507 motion challenging the court’s imposition of consecutive sentences. In addition, Spencer raises for the first time on appeal the issue of whether, pursuant to a beneficial plea agreement, a defendant may be convicted of a nonexistent crime.

In 1990, Spencer was charged with one count of aggravated battery, a class C felony. Pursuant to a plea agreement, the State amended the charge to attempted aggravated assault, a class E felony. Spencer pled no contest to the amended charge and was sentenced to a term…