Tolen v. State

The opinion of the court was delivered by

Rosen, J.:

Garnet Tolen appeals the dismissal of his K.S.A. 60-1507 motion for failing to file it within the 1-year statutory limit. Tolen was convicted of rape and aggravated criminal sodomy in February 1999. He filed a direct appeal to the Court of Appeals, and his convictions were affirmed. State v. Tolen, No. 84,058, unpublished opinion filed January 11, 2002. This court denied his petition for review on March 20,2002, and the'mandate was issued on March 22, 2002.

On January 18, 2005, Tolen filed a 60-1507 motion. Concluding that Tolen’s motion had…