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STATE v. GILBERT

No. 109,303.

326 P.3d 1060 (2014)

STATE of Kansas, Appellee, v. Terry L. GILBERT, Appellant.

Supreme Court of Kansas.

June 6, 2014.

Attorney(s) appearing for the Case

Gerald E. Wells , of Lawrence, was on the brief for appellant.

Ellen Hurst Mitchell , county attorney, and Derek Schmidt , attorney general, were on the brief for appellee.

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

Terry L. Gilbert appeals the summary denial of a pro se motion entitled "Motion to Correct Illegal Sentence," which was filed more than 10 years after he was sentenced for felony murder. Gilbert claims his sentence is illegal because the standard used at his trial for issuing lesser included offense instructions in felony-murder cases was overruled over a decade later. See State v. Berry,

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