State v. Bailey

The opinion of the court was delivered by

Abbott, J.:

This is a direct appeal by the defendant, Brian C. Bailey, from the trial court’s refusal to modify his sentence.

Bailey was convicted of four counts of aggravated robbery and one count of first-degree felony murder. This court previously affirmed his conviction in State v. Bailey, 247 Kan. 330, 799 P.2d 977 (1990), cert. denied 111 S. Ct. 2022 (1991). The defendant then filed a motion, pursuant to K.S.A. 1991 Supp. 21-4603(4), to have his sentence modified. The thrust of his motion to modify was that the defendant is less culpable than his…