State v. Phinney

The opinion of the court was delivered by

Allegrucci, J.:

Defendant Justin E. Phinney pled no contest to possession of pseudoephedrine and brings both an appeal from the district court’s denial of his motion to reduce sentence and, pursuant to State v. Ortiz, 230 Kan. 733, 640 P.2d 1255 (1982), an out-of-time direct appeal of his sentence. He argues he should be resentenced under the identical offense doctrine as applied in State v. Frazier, 30 Kan. App. 2d 398, 42 P.3d 188, rev. denied 274 Kan. 1115 (2002). The Court of Appeals affirmed the district court in an unpublished opinion filed July…