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STATE v. NEAL

No. 100,366.

258 P.3d 365 (2011)

STATE of Kansas, Appellee, v. Eric L. NEAL, Appellant.

Supreme Court of Kansas.

August 5, 2011.

Attorney(s) appearing for the Case

Michael P. Whalen , of Law Office of Michael P. Whalen, of Wichita, argued the cause and was on the briefs for appellant.

Lesley A. Isherwood , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by NUSS, C.J.:

This case arises out of the district court's summary denial of Eric Neal's motion to correct an illegal sentence under K.S.A. 22-3504 based upon his claims of an incorrect criminal history score. After the Court of Appeals affirmed, we granted Neal's petition for review; our jurisdiction is under K.S.A. 20-3018(b).

We hold the district court erred in denying Neal's 22-3504 motion without conducting an evidentiary...

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