State v. Bradley

The opinion of the court was delivered by

Lockett, J.:

The district court denied as untimely defendant

Tyrone Bradley’s motion for a new trial based on newly discovered evidence. Bradley appeals, claiming: (1) the two-year period of limitation contained in K.S.A. 22-3501(1) is discretionary; and (2) the district court abused its discretion in denying the motion. We disagree and affirm the district court.

On October 2, 1981, Tyrone Bradley was convicted in two separate cases of four counts of aggravated robbery (K.S.A. 21-3427) and one count of aiding and abetting attempted aggravated robbery…