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STATE v. BRADLEY

No. 63,859

246 Kan. 316 (1990)

787 P.2d 706

STATE OF KANSAS, Appellee, v. TYRONE BRADLEY, Appellant.

Supreme Court of Kansas.

Opinion filed March 2, 1990.

Attorney(s) appearing for the Case

Doug Thompson, of Johnson, Martin, Thompson & Sexton, P.A., of Junction City, was on the brief for appellant.

Kenneth R. Smith, assistant county attorney, and Robert T. Stephan, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

The district court denied as untimely defendant Tyrone Bradley's motion for a new trial based on newly discovered evidence. Bradley appeals, claiming: (1) the two-year period of limitation contained in K.S.A. 22-3501(1) is discretionary; and (2) the district court abused its discretion in denying the motion. We disagree and affirm the district court.

On October 2, 1981, Tyrone Bradley was convicted...

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