State v. Waterbury

The opinion of the court was delivered by

Abbott, J.:

The defendant, Robert R. Waterbury, appeals from the trial court’s denial of his post-appeal motion to modify his sentence for aggravated sodomy. The defendant contends that the trial court abused its discretion by denying his motion without properly considering the factors set forth in K.S.A. 21-4601 and K.S.A. 1994 Supp. 21-4606.

We first determine this court’s jurisdiction to hear the defendant’s post-appeal motion to modify the sentence. After his conviction and sentencing, the defendant took a direct appeal, raising three issues. He…