Fowler v. State

Greene, J.:

Keith Fowler appeals the district court’s summary denial of his K.S.A. 60-1507 motion, arguing that this court’s prior refusal to docket his direct appeal out of time should not bar his postconviction motion seeking the same relief. We agree with Fowler, reverse the district court, and remand with directions.

Factual and Procedural Background

On November 15, 2002, Fowler entered a plea to a single count of manufacture of methamphetamine in exchange for dismissal of all other pending charges. On February 10,2003, he was sentenced for a severity level 1 drug felony to 138 months’…