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STATE v. HARRIS

No. 65,392

249 Kan. 410 (1991)

819 P.2d 1169

STATE OF KANSAS, Appellee, v. WILEY HARRIS, Appellant.

Supreme Court of Kansas.

Opinion filed October 25, 1991.

Attorney(s) appearing for the Case

Wendy L. Rhyne-Slayton, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, and Rebecca E. Holihan, assistant appellate defender, were on the brief for appellant.

Thomas P. Alongi, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

In this criminal action, Wiley Harris appeals the trial court's dismissal of his motion for a new trial based upon newly discovered evidence. The trial court held it did not have jurisdiction to hear Harris' motion because Harris had a K.S.A. 60-1507 motion on appeal before the Court of Appeals at the time he filed his new trial motion pursuant to K.S.A. 22-3501.

Defendant Wiley Harris was found guilty...

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