State v. Johnson

Green, J.:

Robert Johnson appeals from the trial court’s judgment denying his request to file a direct appeal of his probation revocation out of time. Johnson contends that the trial court erred in finding that none of the exceptions under State v. Ortiz, 230 Kan. 733, 640 P.2d 1255 (1982), applied to allow him to file a direct appeal out of time. In reviewing the appellate record and briefs in this case, we found that Johnson should have completed the prison portion of his sentence resulting from the probation revocation. As a result, we issued a show cause order to the parties to clarify…