State v. Shelly

The opinion of the court was delivered by

Beier, J.:

This is a companion case to State v. Ferry, 303 Kan. 1053, 370 P.3d 754 (2016).

Defendant Charles E. Shelly, along with his codefendant wife, Cara N. Perry, entered a no contest plea to one count of unlawful distribution of a drug precursor and one count of unlawful possession of a drug precursor. Defense counsel did not file a timely direct appeal. Shelly filed a pro se K.S.A. 60-1507 motion, arguing that he should have been sentenced under the identical offense doctrine discussed in State v. Snellings, 294 Kan. 149, 273 P.3d 739 (2012), a…