State v. Goodwin

The opinion of the court was delivered by

Abbott, J.:

This appeal arises out of a K.S.A. 60-1507 motion that resulted in the defendant, Marcus Goodwin, Jr., having his sentence vacated. Goodwin was resentenced to the identical sentence originally imposed. Goodwin’s sole issue on appeal is whether the trial judge abused her discretion in resentencing him.

In 1976, Goodwin was convicted of aggravated burglary (K.S.A. 21-3716 [Weeks]) and aggravated robbery (K.S.A. 21-3427 [Weeks]). At this time, Goodwin was 19 years of age, a drug abuser, and a gang member, but had no previous criminal…