State v. Denney

The opinion of the court was delivered by

Nuss, J.:

Dale Denney appeals the denial of his motions for

correction of an illegal sentence and for DNA testing. Our jurisdiction is under K.S.A. 22-3601(b)(l), maximum sentence of life imprisonment imposed.

We hold that the trial court did not err in denying Denneys motion to correct an illegal sentence but that it did err in denying his motion for DNA testing. Therefore, we affirm in part, reverse in part, and remand for further proceedings.

FACTS

Criminal acts and convictions

Case No. 87 CR 944

In 1987, Denney was convicted of rape and aggravated…