State v. Howard

The opinion of the court was delivered by

Nuss, J.:

Twenty years after Carl E. Howard was sentenced for convictions of aggravated kidnapping, two counts of rape, and six counts of aggravated criminal sodomy, he filed a motion to correct an illegal sentence. He now appeals the district court’s denial of his motion. We have jurisdiction to review the denial because a life sentence had been imposed. See K.S.A. 22-3601(b)(l); State v. Thomas, 239 Kan. 457, Syl. ¶ 2, 720 P.2d 1059 (1986).

The sole issue on appeal is whether the district court erred in summarily denying Howard’s motion. We hold the…