State v. Bradford

Summary

The Kansas Supreme Court affirmed the denial of Virgil Bradford’s motion to correct an illegal sentence. The court held that a multiplicity challenge attacks the underlying convictions and cannot be raised through a motion to correct an illegal sentence, notwithstanding the district court’s consideration of the merits.

Holdings

1. A multiplicity challenge is not a sentencing matter that may be raised in a motion to correct an illegal sentence; it is a collateral attack on the underlying convictions and is an improper issue for that procedural vehicle.

Questions Presented

1. Whether a defendant may raise a multiplicity challenge to underlying convictions in a motion to correct an illegal sentence under K.S.A. 22-3504.
2. Whether Bradford's motion to correct an illegal sentence was properly denied.

Disposition

affirmed