BY THE COURT
Under Kansas Supreme Court Rule 6.02(a)(5), "[e]ach
issue must begin with citation to the appropriate standard of
appellate review and a pinpoint reference to the location in
the record on appeal where the issue was raised and ruled
on." (2019 Kan. S.Ct. R. 35).
Failure to support a point with pertinent authority or show
why it is sound despite a lack of supporting authority or in
the face of contrary authority is akin to failing to brief
Where an appeal is taken from a conviction or sentence
imposed, the judgment of the appellate court is res judicata
as to all issues actually raised and those that could have
Allocution errors, including denial of allocution, are
reviewed under the statutory harmless error standard.
from Wyandotte District Court; J. Dexter Burdette, judge.
T. Salary, appellant, was on the brief pro se.
G. Obermeier, assistant district attorney, Mark A. Dupree
Sr., district attorney, and Derek Schmidt, attorney general,
were on the brief for appellee.
previously upheld Mark T. Salary's convictions but
remanded for resentencing of his hard 50 life sentence in
State v. Salary, 301 Kan. 586, 343 P.3d 1165 (2015).
Following his resentencing, Salary again directly appeals
1. challenges the district court's denial of his motion
2. alleges ineffective assistance of trial and appellate
3. challenges the denial of his motion for exculpatory
4. alleges he was denied allocution at resentencing.
the district court did not err and affirm Salary's
convictions and sentences.
and Procedural History
was convicted by a jury of one count of first-degree
premeditated murder and one count of arson for shooting and
killing his uncle, Joe Estell, and setting fire to
Estell's home. Salary was sentenced to life imprisonment
without the possibility of parole for 50 years (hard 50) for
the murder conviction. On appeal, however, we vacated the
hard 50 and remanded for resentencing per Alleyne v.
United States, 570 U.S. 99, 133 S.Ct. 2151, 186 L.Ed.2d
314 (2013), and this court's later decision in State
v. Soto, 299 Kan. 102, 322 P.3d 334 (2014).
Salary, 301 Kan. at 608-09.
our decision, the State chose not to seek the hard 50 for the
murder conviction, which would require impaneling a jury and
presenting facts to support the requested sentence. Instead,
the State chose to seek the hard 25, which the judge could
constitutionally impose without a jury. Prior to the
resentencing hearing, Salary filed several pro se motions and
letters to the court. The court denied all of Salary's
motions at the resentencing hearing and sentenced him to the
jurisdiction over this direct appeal under K.S.A. 2018 Supp.
22-3601(b)(3), (4) (life imprisonment, off-grid crime).
facts will be added as ...