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STATE v. UNRUH

No. 97,645.

177 P.3d 411 (2008)

STATE of Kansas, Appellee, v. Daniel UNRUH, Appellant.

Court of Appeals of Kansas.

February 29, 2008.

Attorney(s) appearing for the Case

Debra J. Wilson, capital and conflicts appellate defender, of Capital Appeals and Conflicts Office, for appellant.

Ty Kaufman, county attorney, and Paul J. Morrison, attorney general, for appellee.

Before MARQUARDT, P.J., GREEN and LEBEN, JJ.

GREEN, J.

Daniel Unruh appeals from a judgment by the trial court that it lacked jurisdiction to reinstate his direct appeal. We determine that although the trial court lacked jurisdiction to reinstate Unruh's appeal under Supreme Court Rule 5.051 (2007 Kan. Ct. R. Annot. 34), Unruh's motion is more properly construed as a motion to appeal his sentence out of time under State v. Ortiz, 230 Kan. 733, 640 P.2d...

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