Baker v. State

The opinion of the court was delivered by

Rosen, J.;

On direct appeal, this court affirmed Lynwood Baker s conviction for first-degree murder but remanded the case for resentencing. Within 1 year of the resentencing hearing, but more than a year after the remand, Baker filed a K.S.A. 60-1507 motion alleging ineffective assistance of trial counsel. The district court appointed counsel, conducted a hearing, and dismissed the motion as untimely. The Court of Appeals reversed, holding that the time limitation under K.S.A. 60-1507 began 10 days after re-sentencing. On the State’s petition for…