State v. Gilbert

The opinion of the court was delivered by

Biles, J.:

Terry L. Gilbert appeals the summary denial of a pro se motion entitled “Motion to Correct Illegal Sentence,” which was filed more than 10 years after he was sentenced for felony murder. Gilbert claims his sentence is illegal because the standard used at *798his trial for issuing lesser included offense instructions in felony-murder cases was overruled over a decade later. See State v. Berry, 292 Kan. 493, 513-14, 254 P.3d 1276 (2011) (overruling judicially created felony-murder instruction rule that had permitted lesser included offense…