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STATE v. DAWSON

No. 101,784.

231 P.3d 582 (2010)

STATE of Kansas, Appellee, v. Alcena DAWSON, Appellant.

Court of Appeals of Kansas.

May 21, 2010.

Attorney(s) appearing for the Case

Carl F.A. Maughan and Brian Hitchcock, of Maughan and Maughan LC., of Wichita, for appellant.

Julie A. Koon and Matt J. Maloney, assistant district attorneys, Nola Tedesco Foulston, county attorney, and Steve Six, attorney general, for appellee.

Before CAPLINGER, P.J., PIERRON, J., and BRAZIL, S.J.

CAPLINGER, J.

Alcena Dawson appeals from the district court's summary denial of his K.S.A. 22-3504 motion to correct an illegal sentence. Dawson claims that a literal reading of K.S.A. 22-3504 requires the district court to appoint counsel and conduct a hearing on his motion, and that he had a right to be present at the hearing. Dawson essentially asks this court to overturn State v. Duke, 263 Kan. 193, 195-96,

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