sentencing court has no authority to order a term of lifetime
postrelease supervision for a conviction of first-degree
there is a discrepancy between a court's oral ruling to
waive a Board of Indigents' Defense Services (BIDS)
administrative fee and the written journal entry, the
judge's oral instruction from the bench controls. An
error in the journal entry concerning a BIDS administrative
fee waiver is a clerical mistake that may be corrected at any
this case, the evidence of defendant's dissatisfaction
with his counsel is insufficient to establish good cause to
withdraw a guilty plea.
from Sedgwick District Court; Jeffrey E. Goering, judge. .
Jennifer C. Roth, of Kansas Appellate Defender Office, argued
the cause and was on the brief for appellant.
A. Isherwood, assistant district attorney, argued the cause,
and Marc Bennett, district attorney, and Derek Schmidt,
attorney general, were with her on the brief for appellee.
Wade Edwards pled guilty to two counts of felony murder, one
count of aggravated burglary, and one count of aggravated
robbery. Edwards subsequently moved to withdraw his plea. The
district court denied Edwards' motion and sentenced him
to two concurrent life sentences for the killings and a total
of 141 additional months' incarceration for the lesser
crimes. The court also ordered a lifetime period of
postrelease supervision and waived both the Board of
Indigents' Defense Services (BIDS) attorney fees and BIDS
administrative fee. We affirm the district court's denial
of Edwards' motion to withdraw plea, but we vacate the
lifetime postrelease supervision portion of his sentence and
remand with instructions to impose lifetime parole and to
correct the clerical error in the journal entry regarding the
BIDS administrative fee.
and Procedural Background
Edwards was charged with two counts of capital murder,
aggravated burglary, aggravated robbery, burglary, felony
theft, and criminal possession of a firearm for his role in
the October 16, 2014, killing of Martha Lopez Moreno and
Godofredo Moreno-Lopez. The district court found Edwards
indigent at his first appearance and appointed two
experienced public defenders as counsel.
months after being charged, Edwards filed a pro se motion
asking the court to appoint new counsel. Edwards gave four
reasons in support of his motion:
(1) Edwards' attorneys neglected to share discovery with
him; (2) Edwards and his counsel had "yet to agree upon
anything"; (3) counsel told him numerous times he would
be unsuccessful at trial; and (4) counsel brought
Edwards' mother to jail to persuade him to take a plea
district court subsequently held a hearing on Edwards'
motion for new counsel. Edwards informed the court he was not
comfortable with his counsel based on their discussions with
him about taking a plea, their predictions of a trial
outcome, and the lack of discovery provided to him while in
jail. Edwards believed counsel was only interested in taking