State v. Long

1

NOT DESIGNATED FOR PUBLICATION

No. 112,555

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

STATE OF KANSAS,
Appellee,

v.

JAMES R. LONG, II,
Appellant.

MEMORANDUM OPINION


Appeal from Saline District Court; PATRICK H. THOMPSON, judge. Opinion filed July 22, 2016.
Affirmed.

Gerald E. Wells, of Jerry Wells Attorney-at-Law, of Lawrence, for appellant.

Christina Trocheck, assistant county attorney, Ellen Mitchell, county attorney, and Derek
Schmidt, attorney general, for appellee.

Before POWELL, P.J., PIERRON and ATCHESON, JJ.

Per Curiam: James R. Long, II, appeals the district court's denial of his motion to
reconsider his motion to correct an illegal sentence. Long contends the district court had
jurisdiction because an illegal sentence based on constitutional challenges may be filed at
any time under K.S.A. 22-3504, and that his sentence was unconstitutional because the
district court failed to sentence him according to K.S.A. 2013 Supp. 22-3717(d)(1)(D).
Long's arguments fail.

2

Both issues are quickly disposed of by the recent case of State v. Warrior, 303
Kan. 1008, Syl., 368 P.3d 1111 (2016). Our Supreme Court ruled that a motion to correct
an illegal sentence under K.S.A. 22-3504(l) is an improper vehicle for a constitutional
claim. The Warrior decision resolves both of Long's arguments because they are based
on claims of unconstitutionality. 303 Kan. at 1010.

We affirm the district court's denial of Long's motion to reconsider his motion to
correct an illegal sentence.

Affirmed.