WILKERSON v. STATE

No. 97,286.

171 P.3d 671 (2007)

Tobias WILKERSON, Appellant, v. STATE of Kansas, Appellee.

Court of Appeals of Kansas.

December 7, 2007.


Attorney(s) appearing for the Case

Monique K. Centeno, Lawrence W. Williamson, Jr., and Sean Shores, of Shores, Williamson & Ohaebosim, LLC, of Wichita, for appellant.

Kristi L. Barton, assistant district attorney, Nola Tedesco Foulston, district attorney, and Paul J. Morrison, attorney general, for appellee.

Before RULON, C.J., GREENE, J., and BRAZIL, S.J.


GREENE, J.

Tobias W. Wilkerson appeals the district court's summary denial of his motion under K.S.A. 60-1507, arguing the court erred in finding the motion untimely and that his motion entitles him to an evidentiary hearing in order to prevent manifest injustice. Concluding the motion was indeed untimely and declining to address the issue of manifest injustice because it was not asserted or considered in the district court, we affirm.

Wilkerson pled guilty...

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