State v. Unruh

Green, J.:

Daniel Unruh appeals from a judgment by the trial court that it lacked jurisdiction to reinstate his direct appeal. We determine that although the trial court lacked jurisdiction to reinstate Unruh’s appeal under Supreme Court Rule 5.051 (2007 Kan. Ct. R. Annot. 34), Unruh’s motion is more properly construed as a motion to appeal his sentence out of time under State v. Ortiz, 230 Kan. 733, 640 P.2d 1255 (1982). Because Unruh has shown that he was furnished an attorney who failed to perfect and complete his appeal, he is allowed to file a direct appeal of his sentence out of time…