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STATE v. ALONZO

No. 101,805.

297 P.3d 300 (2013)

STATE of Kansas, Appellee, v. Derek ALONZO, Appellant.

Supreme Court of Kansas.

March 29, 2013.

Attorney(s) appearing for the Case

Christina M. Kerls , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Jason A. Oropeza , assistant county attorney, argued the cause, and David L. Miller , county attorney, Steve Six , former attorney general, and Derek Schmidt , attorney general, were with him on the briefs for appellee.

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

In this appeal, Derek Alonzo argues the district court did not have jurisdiction to resentence him to correct errors in his original sentence after his original sentence would have expired but for the sentencing errors. We agree and vacate the sentence imposed at his resentencing.

FACTS AND PROCEDURAL BACKGROUND

In 2005, Alonzo pleaded guilty to attempted possession of methamphetamine, in violation...

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