Spencer v. State

The opinion of the court was delivered by

Six, J.:

This case considers whether the crime of attempted aggravated assault existed in 1990. The issue before the district court was limited to sentencing. The Court of Appeals expanded the inquiry to include whether the defendant could plead to a nonexistent crime. We alter the issue for review by examining State v. Martinez, 20 Kan. App. 2d 824, 835, 893 P.2d 267 (1995), the case that led the Court of Appeals to its expanded inquiry.

Spencer appealed the dismissal of his K.S.A. 60-1507 motion attacking his consecutive sentencing. He also argued for…