Rice v. State

Brazil, J.:

Lany E. Rice appeals the denial of his petition filed pursuant to K.S.A. 60-1507, alleging that the 1990 amendments to K.S.A. 21-4504 should be retroactively applied to his sentence. We disagree and affirm the trial court.

Rice was sentenced pursuant to K.S.A. 21-4504, which stated that a sentence could be doubled if one past felony conviction existed or tripled if two or more past felony convictions existed. No distinction was placed on the type of felony necessary to war rant application of the enhancement statute. The statute was amended in 1989 and 1990, resulting in the version…