State v. Kelly

The opinion of the court was delivered by

Biles, J.;

Terrance Kelly appeals the district court’s denial of his pro se motion titled “Motion to Withdraw Plea and to Correct Illegal Sentence and to Vacate Sentence.” The district court construed the motion as an ineffective assistance of counsel claim under K.S.A. 60-1507 and denied it as untimely. On appeal, Kelly argues the district court should have treated his motion as a motion to withdraw his plea. This court has jurisdiction under K.S.A. 22-3601(b)(1) (off-grid crime; life sentence). Because the district court should have construed Kelly’s…