State v. Hervey

Briscoe, C.J.:

Johnnie L. Hervey appeals from the denial of his post-appeal motion for sentence modification. The denial of his first motion to modify was reviewed on direct appeal, and *499the sentence initially imposed was not modified or changed for any reason after the first appeal. Hervey does not contend his sentence is illegal or that reconsideration of his sentence was required under K.S.A. 1992 Supp. 21-4603 because of a recommendation made by the Topeka Correctional Facility.

This case presents the question of whether the decision in State v. Smith, 254 Kan. 16, 864 P.2d 1208 (1993),…