Whisler v. State

The opinion of the court was delivered by

Allegrucci, J.:

Ralph Kelly Whisler was convicted of rape at the conclusion of a jury trial in 1995. Whisler s conviction and sentence were affirmed by the Court of Appeals in an unpublished opinion filed March 7, 1997. In October 2000, Whisler filed a K.S.A. 60-1507 motion in the district court where he was sentenced seeking relief based on Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000). He appeals the district court’s denial of his request for relief. The case was transferred from the Court of Appeals on Whisler’s…