STATE v. SMITH

No. 81,822.

27 Kan. App.2d 152 (2000)

999 P.2d 280

STATE OF KANSAS, Appellee, v. ISAAC E. SMITH, Appellant.

Court of Appeals of Kansas.

Opinion filed March 3, 2000.


Attorney(s) appearing for the Case

Charles E. Whitman, of The Whitman Law Offices, of Lawrence, for appellant.

Angela M. Wilson, assistant district attorney, Christine Kenney Tonkovich, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before KNUDSON, P.J., PIERRON, J., and VAN HAMPTON, District Judge, assigned.


KNUDSON, J.:

Isaac E. Smith appeals the denial of his motion for new trial based upon ineffective assistance of counsel. There are two issues presented for our consideration: (a) Does this court have jurisdiction to consider Smith's appeal; and (b) did the trial court err in denying Smith's motion?

The parties agree and the record establishes that Smith did not file his motion in a timely manner. Consequently, we must first consider whether the trial court...

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