State v. Smith

I agree with the majority's conclusion that Anthony Smith's failure to raise the issue of jail credit on direct appeal did not result in a waiver of the issue if relief is sought under K.S.A. 22-3504(2). But I disagree with the majority's conclusion that the district court can be affirmed because Smith failed to allege a jurisdictional basis for his motion.

Smith set out a detailed explanation of his calculation of the jail credit he believes the district court should have awarded. The State responded, raising only the legal argument that Smith had waived his ability to challenge the…