Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Brown

Supreme Court of Kansas

May 12, 2017

State of Kansas, Appellee,
v.
Michael A. Brown, Appellant.

         SYLLABUS BY THE COURT

         1. A claim that a sentence was imposed in violation of the constitutional holding in Alleyne v. United States, 570 U.S. ___, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), does not fit within the definition of an illegal sentence that may be addressed with a K.S.A. 22-3504(1) motion to correct an illegal sentence.

         2. K.S.A. 2013 Supp. 21-6620(d)(2) excludes convictions and sentences that were final prior to June 17, 2013, from that statute's hard 50 sentencing procedures, except for those cases in which the conviction or sentence is subsequently vacated in a collateral proceeding for some reason unrelated to the provisions of K.S.A. 2013 Supp. 21-6620(d)(2). This statute, K.S.A. 2013 Supp. 21-6620(d)(2), does not provide an independent reason to correct a hard 50 life sentence that was final prior to June 17, 2013.

         Appeal from Wyandotte District Court; R. Wayne Lampson, judge. Opinion filed May 12, 2017. Judgment of the district court is affirmed.

          Gerald E. Wells, of Jerry Wells Attorney-at-Law, of Lawrence, was on the brief for appellant.

          Sheryl L. Lidtke, chief deputy district attorney, Jerome A. Gorman, district attorney, and Derek Schmidt, attorney general, were on the brief for appellee.

          OPINION

          Johnson, J.

         Michael Brown appeals the district court's denial of his motion to correct an illegal sentence, in which he argued that Alleyne v. United States, 570 U.S. ___, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), renders his judicially enhanced life sentence illegal. The district court rejected Brown's argument that K.S.A. 2013 Supp. 21-6620 mandates retroactive application of Alleyne and accordingly denied postconviction relief. We affirm.

         Factual and Procedural Overview

         Brown was convicted in 1999 of first-degree murder and sentenced to an imprisonment term of life without possibility of parole for 40 years (hard 40 life sentence). His conviction and sentence were affirmed on direct appeal. State v. Brown, 272 Kan. 809, 822, 37 P.3d 31 (2001).

         Brown has previously mounted two collateral attacks on his conviction or sentence: a K.S.A. 60-1507 motion, which was denied in 2004, and a K.S.A. 22-3504 motion to correct an illegal sentence, which was denied in 2011. Brown v. State, No. 90, 900, 2004 WL 2694255 (Kan. App. 2004) (unpublished opinion), rev. denied 279 Kan. 1005 (2005); State v. Brown, No. 101, 275, 2011 WL 1344637 (Kan. App. 2011) (unpublished opinion). Brown has also unsuccessfully sought habeas relief in the United States District Court on two occasions. Brown v. McKune, No. 05-3437-SAC, 2006 WL 2037394 (D. Kan. 2006) (unpublished opinion); Brown v. McKune, No. 11-3147-SAC, 2013 WL 823317 (D. Kan. 2013) (unpublished opinion), appeal dismissed 517 Fed.Appx. 623 (10th Cir. 2013) (unpublished opinion).

         The current action began in 2013 when Brown filed a pro se K.S.A. 22-3504 motion to correct an illegal sentence. After appointing counsel and hearing arguments, the district court denied relief under K.S.A. 22-3504, finding that Alleyne did not apply retroactively to cases that were final when it was decided.

         Brown timely appeals.

         Retroactive Application of Alleyne ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.