LYNWOOD BAKER V. STATE OF KANSAS, No. 100501 (Original opinion filed 6/7/13, modified August 5, 2013) (Kan.)(published)
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K.S.A. 60-1507 – TIME TO FILE
The judgment of the district court was reversed when it found that the defendant’s 60-1507 petition was untimely because the defendant filed it more than 1 year of the remand for sentencing but within 1 year of the sentencing hearing. The Court held that when a defendant’s conviction is affirmed on direct appeal but the case is remanded for sentencing, the 1-year time limitation for filing a 60-1507 petition begins to run after the period for taking a direct appeal from the new sentence expires.