State v. Smith

The decision of the court was delivered by Nuss, C.J.:

Shelbert Smith appeals the district court's denial of his motion to file a late appeal. Smith argues the court arbitrarily disregarded undisputed testimony that he told his trial counsel he wanted to appeal-evidence that would help him meet an exception to the rule requiring timely appeal. See *533 State v. Ortiz , 230 Kan. 733 , Syl. ¶ 3, 640 P.2d 1255 (1982). As a result, Smith asks that we reverse the court's decision and allow his appeal to be filed out of time.

We decline to so rule. Instead, because of our concerns that the district court…