State v. Smith

The opinion of the court was delivered by

McFarland, J.:

Ronald Smith appeals from the trial court’s determination that it lacked jurisdiction to hear his second motion to modify the sentences imposed. The Court of Appeals affirmed the trial court’s dismissal of the motion to modify (State v. Smith, 17 Kan. App. 2d 746, 843 P.2d 297 [1992]). The matter is before us on petition for review.

The sole issue presented concerns the extent of the grant of jurisdiction afforded by K.S.A. 1992 Supp. 21-4603(4) to a trial court to modify a sentence. The statute provides:

“(a) Except when an appeal is taken…