MELTON v. STATE

No. 79,770.

25 Kan. App.2d 641 (1998)

967 P.2d 356

KEVIN WAYNE MELTON, Appellant, v. STATE OF KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed November 13, 1998.


Attorney(s) appearing for the Case

Robert L. Peter, of Ellinwood, for appellant.

Rick J. Scheufler, county attorney, and Carla J. Stovall, attorney general, for appellee.

Before BRAZIL, C.J., ELLIOTT, J., and DEAN SMITH, District Judge RETIRED, assigned.


ELLIOTT, J.:

On January 23, 1995, Kevin Wayne Melton pled no contest to second-degree murder when he was 15 years old. In his K.S.A. 60-1507 petition, he alleged that because second-degree murder is a lesser included offense of felony murder, he should have been sentenced under the Juvenile Offenders Code pursuant to K.S.A. 38-1636(i).

The trial court denied Melton relief, and this appeal followed. We dismiss.

Melton was originally charged with felony...

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