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PENN v. STATE

No. 97,755.

173 P.3d 1172 (2008)

James A. PENN, Appellant, v. STATE of Kansas, Appellee.

Court of Appeals of Kansas.

January 11, 2008.

Attorney(s) appearing for the Case

James A. Penn, appellant pro se.

Jeffrey E. Evans, assistant district attorney, Nola Tedesco Foulston, district attorney, and Paul J. Morrison, attorney general, for appellee.

Before BUSER, P.J., GREEN and CAPLINGER, JJ.

GREEN, J.

James A. Penn appeals from the trial court's judgment denying his K.S.A. 60-1507 motion. Penn argues that our Supreme Court's denial of his appellate counsel's request to file a petition for review out of time should not bar his postconviction motion alleging ineffective assistance of counsel based on counsel's failure to timely file a petition for review. We agree. Accordingly, we reverse, and Penn, if he wishes to do so, may file a petition for review...

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