State v. McCarley

Greene, J.:

The State of Kansas appeals the district court’s denial of its motion to correct an illegal sentence, arguing that the court had a duty to correct the sentence after the defendant, Steven M. McCarley, was sentenced based upon a presentence investigation report (PSI) that misidentified the correct severity level for die precise crime of conviction. We conclude that the State’s stipulation to the PSI at time of sentencing and the State’s failure to timely appeal the sentence require that we affirm the district court. We also conclude that McCarley’s cross-appeal is meritless.

Factual…