State v. Samuel
State v. Samuel
Opinion
**155
Roughly 19 years after his second-degree murder conviction, Roy Eugene Samuel filed a motion to correct an illegal sentence. He claims his sentence of life imprisonment with a mandatory 10-year term violates the Eighth Amendment to the United States Constitution because he was only 16 years old when he committed the crime. The district court summarily denied the motion. Samuel directly appeals to this court. We affirm because the motion is not the appropriate procedural vehicle to raise his claim. See
State v. Amos
,
FACTUAL AND PROCEDURAL BACKGROUND
In 1996, Samuel, then 16 years old, killed Patrick Brunner. The State charged him with second-degree murder under K.S.A. 1996 Supp. 21-3402(a), which was an off-grid person felony. After he pled guilty as charged in 1997, the district court sentenced him to life imprisonment with a mandatory 10-year term before being eligible for parole.
**156
In 2016, Samuel moved under K.S.A. 22-3504(1) to correct an illegal sentence based on the United States Supreme Court decisions in
Miller v. Alabama
,
Samuel alternatively argued his sentence is substantively unconstitutional because he will be subject to lifetime supervision when he is paroled, seeking to extend
State v. Dull
,
The district court summarily denied the motion. See
Makthepharak v. State
,
Samuel directly appealed to this court. Jurisdiction is proper. K.S.A. 2017 Supp. 22-3601(b)(3) (direct appeal when "a maximum sentence of life imprisonment has been imposed");
**157
K.S.A. 2017 Supp. 22-3601(b)(4) (direct appeal when "the defendant has been convicted of an off-grid crime");
Kirtdoll v. State
,
ANALYSIS
This court must determine whether Samuel's constitutional claim fits within the definition of "illegal sentence." An illegal sentence under K.S.A. 22-3504 may be corrected at any time, but the circumstances under which a sentence is deemed illegal for K.S.A. 22-3504 purposes are "narrowly and specifically defined."
State v. Swafford
,
Samuel claims the district court was without jurisdiction to impose a sentence that violates the Eighth Amendment. In 2016, when Samuel filed this motion, our caselaw defined "illegal sentence" as follows:
" ' "(1) a sentence imposed by a court without jurisdiction; (2) a sentence that does not conform to the applicable statutory provision, either in the character or the term of authorized punishment; or (3) a sentence that is ambiguous with respect to the time and manner in which it is to be served." State v. Trotter ,296 Kan. 898 , 902,295 P.3d 1039 (2013).' State v. Dickey ,301 Kan. 1018 , 1034,350 P.3d 1054 (2015)." Warrior ,303 Kan. at 1009-10 ,368 P.3d 1111 .
This judicial definition was added to the current version of K.S.A. 2017 Supp. 22-3504(3). See L. 2017, ch. 62, § 9.
Samuel's Eighth Amendment claims do not implicate the sentencing court's jurisdiction. "[J]urisdiction is acquired in a criminal case upon the filing or amendment of a complaint, indictment, or information ...."
Trotter v. State
,
**158 Samuel asks us to overrule our long-established caselaw that the Legislature codified verbatim into the statute. We decline to do so.
Affirmed.
Reference
- Full Case Name
- STATE of Kansas, Appellee, v. Roy Eugene SAMUEL, Appellant.
- Cited By
- 4 cases
- Status
- Published