State v. Reed

The opinion of the court was delivered by

Allegrucci, J.:

The State appeals the district court’s ruling which allowed Stephen Dean Reed to file a successive motion to modify his sentence under K.S.A. 1992 Supp. 21-4603(4)(b) after his first motion to modify had been denied. This court’s jurisdiction is based on K.S.A. 22-3602(b)(3).

The following background facts are taken from this court’s opinion in Reed’s original appeal from the district court’s order denying his motion to withdraw his plea of nolo contendere to first-degree murder:

“On March 17, 1986, Jimmy Ray Vanderlinden was found dead in…