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STATE v. BENAVIDES

No. 104,654.

263 P.3d 863 (2011)

STATE of Kansas, Appellee, v. Dagoberto BENAVIDES, Appellant.

Court of Appeals of Kansas.

September 23, 2011.

Attorney(s) appearing for the Case

Ryan Eddinger , of Kansas Appellate Defender Office, for appellant.

Brandon L. Jones , county attorney, and Derek Schmidt , attorney general, for appellee.

Before GREENE, C.J., MALONE and BRUNS, JJ.

MALONE, J.

Dagoberto Benavides appeals the district court's summary denial of his motion to withdraw his 1994 guilty plea to attempted sale of marijuana. The district court ruled the motion was barred by the 1-year statute of limitations at K.S.A. 2010 Supp. 22-3210(e)(1), which became effective on April 16, 2009. L. 2009, ch. 61, sec. 1. We hold the 1-year statute of limitations at K.S.A. 2010 Supp. 22-3210(e)(1) begins to run for preexisting claims on the date the...

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