State v. Edwards, No. 94,268.

Decision Date16 June 2006
Docket NumberNo. 94,268.
Citation135 P.3d 1251
PartiesSTATE of Kansas, Appellee, v. Darron EDWARDS, Appellant.
CourtKansas Supreme Court

Carl F.A. Maughan, of Maughan Hitchcock Intagliata LC, of Wichita, argued the cause and was on the brief for appellant.

Matt J. Maloney, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by McFARLAND, C.J.:

Darron Edwards appeals the district court's summary denial of his pro se motion to correct an illegal sentence, filed pursuant to K.S.A. 22-3504(1). As Edwards' sentence includes a term of life imprisonment, this court has jurisdiction pursuant to K.S.A. 22-3601(b)(1). See State v. Thomas, 239 Kan. 457, Syl. ¶ 2, 720 P.2d 1059 (1986) (jurisdiction over appeal of motion to correct illegal sentence lies with court that had jurisdiction to hear original appeal).

FACTUAL AND PROCEDURAL BACKGROUND

The facts underlying Edwards' convictions are set out in State v. Pratt, 255 Kan. 767, 876 P.2d 1390 (1994), the direct appeal of Edwards' codefendant. In September 1991, Edwards and Pratt entered the Wichita residence of 64-year-old M.C. and her 92-year-old mother, R.C. M.C. was beaten by Pratt, and Edwards raped and sodomized her. Pratt ransacked the home for valuables. The pair forced both women into M.C.'s automobile, and Edwards drove them to Emporia. Pratt got out of the vehicle before it left Wichita. On the way to Emporia, Edwards attempted to again rape M.C. 255 Kan. at 767, 770-71, 876 P.2d 1390. Additionally, Edwards continued on to Emporia and raped M.C. again while in Lyon County.

Pursuant to a plea bargain, defendant pled guilty to eight felonies, for which he received the sentences to which he had agreed. Specifically, the crimes and sentences were as follows:

Count 1, aggravated kidnapping, life term

Count 2, aggravated kidnapping, life term

Count 3, rape, 15 years to life

Count 4, aggravated criminal sodomy, 15 years to life

Count 5, aggravated burglary, 5 to 20 years

Count 6, attempted rape, 5 to 20 years

Count 7, aggravated battery, 5 to 20 years

Count 8, rape, 15 years to life

Counts 1, 2, 3, and 4 were ordered to run concurrent with each other, which established one life sentence as the controlling term. Counts 5, 6, and 7 were ordered to run concurrent with each other, for a term of 5 to 10 years, but consecutive to the sentence for counts 1 through 4. The 15 years to life term on count 8 was ordered to run consecutive to those in Counts 5, 6, and 7. State v. Edwards, 254 Kan. 489, 867 P.2d 355 (1994).

Prior to the filing of the motion herein, Edwards had filed 12 other postconviction motions and original actions. The basic theme of these prior proceedings was to obtain the relief of reduction of the aggravated kidnapping convictions to simple kidnapping based primarily on the complaint's failure to allege bodily harm to the victims. As noted in a Court of Appeals unpublished opinion, the defendant has made numerous attempts "to put a new cover on a worn out issue." State v. Edwards, No. 85,355, 40 P.3d 973, unpublished opinion filed January 25, 2002.

In the case before us, Edwards is seeking the same relief—reduction of the aggravated kidnapping convictions to simple kidnapping for alleged problems with the bodily harm element. With this new cover on the issue, Edwards now contends the bodily harm came at least partially from the aggravated battery, attempted aggravated criminal sodomy, attempted rape, and the two rapes. He, therefore, concludes there is a multiplicity problem that renders his sentences for aggravated kidnapping illegal.

The district court summarily dismissed this action as being an abuse of remedy and improper use of K.S.A. 22-3504(1). Defendant appeals therefrom. He also contends summary dismissal was inappropriate as K.S.A. 22-3504(1) requires the appointment of counsel and the setting of the motion for hearing.

ILLEGAL SENTENCE STATUTE

Before consideration of the issue on the merits, we must first determine whether the multiplicitous claims fit within the definition of "illegal sentence" as contemplated by K.S.A. 22-3504(1).

To constitute an illegal sentence under the statute, the sentence must be a sentence imposed by a court without jurisdiction; a sentence which does not conform to the statutory provision, either in the character or the term of the punishment authorized; or a sentence which is ambiguous with respect to the time and manner in which it is to be served. State v. Gayden, 281 Kan. 290, Syl. ¶ 1, 130 P.3d 108 (2006).

This court has repeatedly held that K.S.A. 22-3504(1) has very limited applicability. State v. Gayden, 281 Kan. at ___, 130 P.3d 108.

DISCUSSION

Defendant argues his aggravated kidnapping convictions and sentences are multiplicitous and, accordingly, are "illegal sentences" under the definition because:

(1) The sentences do not conform to the "statutory provision;" and

(2) the court was without jurisdiction to sentence defendant for aggravated kidnapping.

Defendant does not contend his claim comes within the third prong of the definition, that is, the sentence is ambiguous.

We shall first consider whether the multiplicity claim fits within the statutory provision prong of the illegal sentence definition. In Gayden, Gayden sought relief under this prong on the basis that the killing of one person and injuring of five others in defendant's shooting spree in a crowded bar arose from a single wrongful act and, accordingly, multiple punishments were prohibited by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. Gayden held:

"To meet the definition of an illegal sentence, as defined by this court, the defendant's claim must allege that his sentence does not conform to the statutory provision, either in the character or the term of the punishment authorized. This court has held that K.S.A. 22-3504(1) has very limited applicability. State v. Johnson, 269 Kan. 594, 602, 7 P.3d 294 (2000). A sentence is illegal only if it fits within the definition. A claim that a sentence fails to conform to constitutional requirements is not a claim it fails to conform to statutory requirements. Thus, the defendant's claim does not fit within the limited, narrow definition of an illegal sentence." 281 Kan. at ___, 130 P.3d 108.

"Statutory provision" as applicable to K.S.A. 22-3504(1) is the statute defining the crime and assigning the category of punishment to be imposed. For example, aggravated criminal sodomy, to which defendant pled guilty, was defined in K.S.A. 21-3506 (1988 Ensley) and categorized as a Class B felony. There is no claim that defendant was not sentenced in conformity with the statutory provisions defining each of the eight felonies.

Gayden is dispositive of this issue.

Next we will consider whether the first prong of the illegal sentence definition, "a sentence imposed by a court without jurisdiction," is applicable under the claims made herein. Gayden, 281 Kan. 290, Syl. ¶ 1, 130 P.3d 108. Again, the claim is that the aggravated kidnapping convictions are multiplicitous with some of the lesser convictions as they supply the bodily harm element for aggravated kidnapping convictions.

The Double Jeopardy Clause protects individuals from (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and (3) multiple punishments for the same offense. State v. Rayton, 268 Kan. 711, 724, 1 P.3d 854 (2000). The defendant contends that alleged violation of the Double Jeopardy Clause's prohibition against multiple punishments for the same offense deprived the district court of jurisdiction to impose sentence on the two aggravated kidnapping convictions.

We disagree.

Jurisdiction is acquired in a criminal case upon the filing of a complaint, indictment, or information. State v. Brown, 280 Kan. 898, 901, 127 P.3d 257 (2006).

"As long as the complaint, indictment, or information alleges the elements of the offense intended to be charged, sufficiently apprises the defendant of the facts he or she must be prepared to meet, and is specific enough to determine a subsequent plea of double jeopardy, the district court has subject matter jurisdiction. State v. Sims, 254 Kan. 1, 9, 862 P.2d 359 (1993)." 280 Kan. at 901, 127 P.3d 257.

As previously noted, the complaint filed herein did not specifically allege that the victims of the two aggravated kidnappings suffered bodily harm. That defect underlies the claims made in the 12 prior postconviction proceedings. It has been repeatedly judicially determined that, notwithstanding this defect, defendant was properly convicted of and sentenced on two counts of aggravated kidnapping upon his plea of guilty under the circumstances herein.

The complaint on its face and as previously determined on judicial review is sufficient under Brown for the district court to acquire jurisdiction. There is no doubt it is specific enough to permit a determination of a subsequent plea of double jeopardy should the State attempt to charge Edwards again with any of the eight felonies for which he has been convicted.

This issue raises a question that was not raised or answered in Gayden; whether sentences imposed for multiplicitous convictions in violation of double jeopardy are "sentence[s] imposed by a court without jurisdiction," as contemplated by the definition of an illegal sentence. Gayden, 281 Kan. at ___, 130 P.3d 108.

While this precise issue has not been addressed directly, the Court of Appeals in State v. Esher, 22 Kan.App.2d 779, 781, 922 P.2d 1123, rev. denied 260 Kan. 997 (1996), overruled on other grounds, State v. Schoonover, 281 Kan. ___, 133 P.3d 48 (2006), held that multiplicity is not a jurisdictional defect. To reach that conclusion, the panel noted that...

To continue reading

Request your trial
53 cases
  • State v. Hankins
    • United States
    • Kansas Court of Appeals
    • February 21, 2014
    ...on how the issue were framed. A motion to correct an illegal sentence would not suffice to raise a constitutional argument. State v. Edwards, 281 Kan. 1334, Syl. ¶¶ 1, 2, 135 P.3d 1251 (2006) (defining illegal sentence and holding it does not include “a sentence [that] fails to conform to c......
  • State v. Proctor, 104,697.
    • United States
    • Kansas Court of Appeals
    • July 6, 2012
    ...postrelease supervision in a motion to correct an illegal sentence under K.S.A. 22–3504(1), which may be filed “at any time.” State v. Edwards, 281 Kan. 1334, Syl. ¶¶ 1, 2, 135 P.3d 1251 (2006) (defining illegal sentence and holding it does not include “a sentence [that] fails to conform to......
  • State v. Pollman
    • United States
    • Kansas Court of Appeals
    • May 10, 2019
    ...subject matter jurisdiction. State v. Sims , 254 Kan. 1, 9, 862 P.2d 359 (1993).’ 280 Kan. at 901 [127 P.3d 257]." State v. Edwards , 281 Kan. 1334, 1338, 135 P.3d 1251 (2006). But in 2016, the Kansas Supreme Court corrected that error, finding the Kansas Constitution is the source of a cou......
  • State v. Berreth
    • United States
    • Kansas Supreme Court
    • April 6, 2012
    ...Before the parties' responses to the Court of Appeals' show cause order were due, this court released its decision in State v. Edwards, 281 Kan. 1334, 135 P.3d 1251 (2006). There, in syllabus paragraph 3, we held that “[a] claim that sentences are multiplicitous is not a claim that the sent......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT