State v. Boswell

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 123,111 STATE OF KANSAS, Appellee, v. BOSTON COLE BOSWELL, Appellant. SYLLABUS BY THE COURT 1. A district court's ruling on a motion to depart from a presumptive sentence is reviewed for an abuse of discretion. 2. Under K.S.A. 2017 Supp. 22-3504(3), an illegal sentence is one that (1) is imposed by a court that lacks jurisdiction; (2) does not conform to the applicable statutory provision, either in the character or the term of authorized punishment; or (3) is ambiguous about the time and way it is to be served. Whether a sentence meets one of…