STATE v. MILLER

No. 63,508

246 Kan. 445 (1990)

790 P.2d 419

STATE OF KANSAS, Appellant, v. HUGH E. "BO" MILLER, Appellee.

Supreme Court of Kansas.

Opinion filed April 13, 1990.


Attorney(s) appearing for the Case

Debra Byrd, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, Nola Foulston, district attorney, and Mona Furst, assistant district attorney, were on the brief for the appellant.

No appearance by appellee.


The opinion of the court was delivered by

MILLER, C.J.:

This is an appeal by the State on a question reserved pursuant to K.S.A. 22-3602(b)(3). The sole issue is whether the district court had jurisdiction to hear a motion to modify sentence. The motion was filed more than 120 days after the clerk of the district court received the mandate from the clerk of the Kansas Appellate Courts, but within 120 days of receipt by counsel for the parties of a copy of...

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