State v. Vanwey

The opinion of the court was delivered by

Larson, J.:

The State of Kansas appeals the trial court’s ruling denying the State’s motion to set aside an agreed nunc pro tunc order which changed Russell A. Vanwey’s 1992 sentence from consecutive to concurrent. We hold the trial court erroneously refused to set aside its nunc pro tunc order, jurisdiction did not exist for a nunc pro tunc order to be issued, and the original sentence remains in full force and effect.

Facts

On March 26, 1992, Vanwey pled guilty to charges of an aggravated weapons violation, K.S.A. 21-4202- (Ensley 1988), a class E…