State v. Pennington

The opinion of the court was delivered by

NUSS, J.:

Following this court’s affirmance of Reginald Pennington’s conviction for second-degree murder, he filed a motion for correction of an illegal sentence pursuant to K.S.A. 22-3504. The district court summarily denied the motion, and Pennington appeals. This court has jurisdiction because second-degree murder was an off-grid felony at the time the crime was committed. See K.S.A. 2243601(b)(1); State v. Thomas, 239 Kan. 457, Syl. ¶ 2, 720 P.2d 1059 (1986) (jurisdiction over appeal of a motion to correct an illegal sentence lies with court that…