State v. Appleby

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 122,281 STATE OF KANSAS, Appellee, v. BENJAMIN A. APPLEBY, Appellant. SYLLABUS BY THE COURT 1. In postconviction sentence modification proceedings, there must be a procedural vehicle for presenting an argument to the court. 2. Applying State v. Coleman, 312 Kan. 114,

472 P.3d 85

(2020), to the circumstances of this case, there is no procedural vehicle that allows a court to revisit a sentence that was final when Alleyne v. United States, 570 U.S. 99, 133 S. Ct. 2151,

186 L. Ed. 2d 314

(2013), was decided. Appeal from Johnson District Court; THOMAS…