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Correcting an Illegal Sentence

A motion to correct an illegal sentence is filed when an error regarding the sentence is made by the court.  These types of motions cannot be filed to challenge the conviction itself as the legality of the conviction, or trial, must be challenged through a direct appeal.

CORRECTION OF SENTENCE

K.S.A. 22-3504 states:

(1) The court  may correct an illegal sentence at any time.  The defendant should receive full credit for time spent in custody under the sentence prior to correction.  The defendant shall have a right to a hearing, after reasonable notice to be fixed by the court, or to be personally present and to have the assistance of counsel in any proceeding for the correction of an illegal sentence.

(2) Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any, as the court orders.

APPEAL AN ILLEGAL SENTENCE

Most motions to correct an illegal sentence involve computation, or credit, of jail time.  However, incorrect calculation of a defendant's criminal history score could result in excessive prison time.

ASSISTANCE OF COUNSEL

Under the statute, defendants have a right to have an attorney appointed to challenge their sentences.  An attorney should be able to answer any questions you have.  Contact attorney Adam D. Stolte at 913-575-8823 if you have questions about challenging the sentence in your case.

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