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State v. Robertson

Supreme Court of Kansas

November 8, 2013

STATE OF KANSAS, Appellee,
v.
JOSHUA ROBERTSON, Appellant

Appeal from Butler District Court; MICHAEL E. WARD, judge.

SYLLABUS

BY THE COURT

The defendant's motion to correct an illegal sentence seeking to relitigate a suppression issue based on his transcription of a videotaped interview with law enforcement did not require an evidentiary hearing in the district court and is barred by the doctrine of res judicata.

Michael C. Brown, of Mulvane, was on the brief for appellant, and Joshua James Robertson, appellant pro se, was on a supplemental brief.

Darrin C. Devinney, county attorney, and Derek Schmidt, attorney general, were on the brief for appellee.

OPINION

Page 362

BEIER, J.

Defendant Joshua James Robertson appeals the summary denial of his pro se motion to correct an illegal sentence and clerical errors, pursuant to K.S.A. 22-3504.

Robertson was convicted by a jury in 2002 of first-degree murder, arson, and aggravated burglary. The evidence against him included a videotape of his interview with law enforcement, which was played for the jury. Robertson received a hard 50 life sentence after the district judge determined that the murder had been committed in an especially heinous, atrocious, or cruel manner.

Robertson's unsuccessful direct appeal, among other things, attacked the district judge's denial of his motion to suppress his statements to law enforcement. See State v. Robertson, 279 Kan. 291, 300, 109 P.3d 1174 (2005).

Robertson then filed a motion under K.S.A. 60-1507. The district court dismissed the motion without an evidentiary hearing, and the Court of Appeals affirmed that dismissal in Robertson v. State, No. 95,188, 2007 WL 570179 (Kan. App. 2007) (unpublished opinion). His later motion to correct an illegal sentence, raising issues related to the use of his statements to law enforcement, also was denied. Still later motions filed in district court sought relief [298 Kan. 343] from his convictions and sentences; one of these motions also was entitled motion to correct illegal sentence and contained arguments similar to those raised before. All of these motions also were denied in the district court.

Robertson recently obtained a copy of the videotape of his interview with law enforcement, and this evidently has prompted the motion underlying this appeal.

Under K.S.A. 22-3504(1), an illegal sentence may be corrected at any time. An " illegal sentence" is a " 'sentence imposed by a court without jurisdiction; a sentence which does not ...


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