Whether a sentence is illegal within the meaning of K.S.A.
22-3504 is a question of law over which the appellate court
has unlimited review.
Interpretation of K.S.A. 1994 Supp. 22-3717 is a question of
law subject to unlimited review.
illegal sentence is defined as (1) a sentence imposed by a
court without jurisdiction; (2) a sentence that does not
conform to the applicable statutory provision, either in the
character or the term of the authorized punishment; or (3) a
sentence that is ambiguous concerning the time and manner in
which it is to be served.
statute providing for a hard 25 life sentence, K.S.A. 1994
Supp. 22-3717(b)(1), applies to certain crimes committed on
or after July 1, 1994.
Under the facts of this case, the district court did not err
in summarily denying defendant's motion.
from Sedgwick District Court; John J. Kisner, Jr., judge.
Michael P. Whalen and Krystle Dalke, of Law Office of Michael
P. Whalen, of Wichita, were on the brief for appellant.
J. Maloney, assistant district attorney, Marc Bennett,
district attorney, and Derek Schmidt, attorney general, were
on the brief for appellee.
found Steven A. Clark guilty of one count of first-degree
murder and one count of attempted first-degree murder for
crimes he committed in October 1994. In June 1995, the
district court imposed sentence-including a hard 25 life
sentence. Nearly 20 years later Clark filed a motion
contending that his sentence is illegal because his crimes
predated the hard 25 sentencing statute.
we conclude that the hard 25 sentencing statute applies to
certain crimes committed on or after July 1, 1994, and
therefore applies to the crimes Clark committed in October
1994, we affirm the decision of the district court.
and Procedural Background
to the prosecution, Steven A. Clark believed that his
girlfriend, Lynette Odanga, was in a sexual relationship with
Kenneth Shine. On October 23, 1994, Shine and several other
individuals visited Odanga's apartment. Clark, who was
also present, got into an altercation with Shine and fired
two shots in Shine's direction. Shine and Odanga then