State v. Neal

The opinion of the court was delivered by

Nuss, C.J.;

This case arises out of the district court’s summary denial of Eric Neal’s motion to correct an illegal sentence under K.S.A. 22-3504 based upon his claims of an incorrect criminal history score. After the Court of Appeals affirmed, we granted Neal’s petition for review; our jurisdiction is under K.S.A. 20-3018(b).

We hold the district court erred in denying Neal’s 22-3504 motion without conducting an evidentiary hearing. Consequently, we reverse the decisions of the Court of Appeals and district court and remand to the district court for an…