State v. Lehman

Docket Number112500
Decision Date28 September 2018

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23 cases
  • State v. Schulze
    • United States
    • Kansas Court of Appeals
    • July 26, 2019
    ...State responds parties may not stipulate to an illegal sentence and the invited error rule does not apply, citing State v. Lehman , 308 Kan. 1089, 427 P.3d 840 (2018). In Lehman , the State recommended the wrong period of postrelease supervision, and the district court sentenced Lehman base......
  • State v. Masterson
    • United States
    • Kansas Court of Appeals
    • August 14, 2020
    ... ... State v. Jackson , 297 Kan. 110, 113, 298 P.3d 344 (2013). The parties may not agree to an illegal sentence. See State v. Lehman , 308 Kan. 1089, 1093, 427 P.3d 840 (2018). Thus, "a sentence that does not comply with required statutory procedures is an illegal sentence." Jackson , 297 Kan. at 114-15. Such a sentence may be corrected at any time. K.S.A. 2019 Supp. 22-3504(a). We have jurisdiction to consider this appeal ... ...
  • State v. Warui
    • United States
    • Kansas Court of Appeals
    • November 5, 2021
    ... ... Whether such agreement is through an admission or a nonobjection , both are impermissible. See, e.g., Obregon , 309 Kan. at 1275 ("it is the State's burden to prove by a preponderance of the evidence that a defendant committed a crime for which classification is appropriate"); State v. Lehman , 308 Kan. 1089, 1093, 427 P.3d 840 (2018) (an illegal sentence may be corrected at any time); Dickey I , 301 Kan. at 1032 (explaining the difference between a defendant agreeing to the existence of convictions as opposed to agreeing to the legal effect of those convictions); State v. Weber , 297 ... ...
  • State v. Hicks
    • United States
    • Kansas Court of Appeals
    • April 3, 2020
    ... ... State v. Dickey , 301 Kan. 1018, 1034, 350 P.3d 1054 (2015) (Dickey I ). Even if a party agrees to an incorrect criminal history score, this court may correct the resulting illegal sentence at any time. State v. Lehman , 308 Kan. 1089, 1093, 427 P.3d 840 (2018). A criminal defendant cannot stipulate to an illegal sentence. State v. Hankins , 304 Kan. 226, Syl. ¶ 3, 372 P.3d 1124 (2016). Under K.S.A. 2019 Supp. 22-3504(a), an illegal sentence may be corrected at any time while a defendant is serving that ... ...
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