State v. Collier

The opinion of the court was delivered by

Larson, J.:

This is a sentencing appeal. In the previous appeal in this case, State v. Collier, 259 Kan. 346, 913 P.2d 597 (1996) (Collier I), we affirmed Collier’s convictions but vacated the hard 40 sentence for his premeditated first-degree murder conviction because the record did not reflect that the mandatory notice that the State would seek the hard 40 penalty was properly filed with the court at the time of arraignment as required by K.S.A. 1993 Supp. 21-4624.

Upon remand, the State, over Collier’s specific objection, was allowed to present…