State v. Gilbert
| Docket Number | 109303 |
| Decision Date | 06 June 2014 |
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82 cases
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State v. Ford
...a motion to correct an illegal sentence is correction of a sentence, not reversal of a conviction. See, e.g., State v. Gilbert, 299 Kan. 797, 801, 326 P.3d 1060 (2014) ; Taylor, 299 Kan. at 6, 319 P.3d 1256 ; State v. Trotter, 296 Kan. 898, 904, 295 P.3d 1039 (2013). Because Ford ultimately......
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State v. Hankins
...the motion and its procedural history, rather than simply applying a liberal construction to its content. Cf. State v. Gilbert, 299 Kan. 797, 798, 326 P.3d 1060 (2014) (“Liberal rules of construction cannot transform the reality of a pleading's content or the arguments being advanced, even ......
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State v. Vasquez
...not conform to the applicable statutory provision, either in character or the term of authorized punishment.” See State v. Gilbert, 299 Kan. 797, 801, 326 P.3d 1060 (2014).2. Illegal sentence a. 1978 burglary convictions Finding no procedural bar, we now address the merits of Vasquez' claim......
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State v. Hambright
...punishment; or (3) a sentence that is ambiguous with respect to the time and manner in which it is to be served." State v. Gilbert , 299 Kan. 797, 801, 326 P.3d 1060 (2014). Hambright argues his sentence is illegal under the second option because it does not conform to K.S.A. 2018 Supp. 21-......
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1 books & journal articles
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Appellate Decisions
...any error would be harmless under facts in case. Allison appealed, citing State v. Neal, 292 Kan. 625 (2011), and State v. Gilbert, 299 Kan. 797 (2014), as support for his motion to correct an illegal sentence. ISSUE: Motion to Correct Illegal Sentence HELD: Allison's sentence is not illega......