State v. Smith

Knudson, j.:

Isaac E. Smith appeals the denial of his motion for new trial based upon ineffective assistance of counsel. There are two issues presented for our consideration: (a) Does this court have jurisdiction to consider Smith’s appeal; and (b) did the trial court err in denying Smith’s motion?

The parties agree and the record establishes that Smith did not file his motion in a timely manner. Consequently, we must first consider whether the trial court had jurisdiction to consider Smith’s claim of ineffective assistance of counsel. K.S.A. 22-3501 states that a motion for new trial on…