State v. Benavides

Malone, J.:

Dagoberto Benavides appeals the district court’s summaiy denial of his motion to withdraw his 1994 guilty plea to attempted sale of marijuana. The district court ruled the motion was barred by the 1-year statute of limitations at K.S.A. 2010 Supp. 22-3210(e)(l), which became effective on April 16, 2009. L. 2009, ch. 61, sec. 1. We hold the 1-year statute of limitations at K.S.A. 2010 Supp. 22-3210(e)(l) begins to run for preexisting claims on the date the amended statute became effective. Because Benavides filed his motion on January 28, 2010, the district court erred in denying…