Kan. Stat. Ann. § 22-3504

Section 22-3504(a) permits correction of an illegal sentence at any time, even if the defendant stipulated to the criminal history score.

State v. Wheeler · filed 2022-02-18(a)

Contrary to the State's contention, this court has jurisdiction to correct an illegal sentence at any time—even if a defendant stipulated or agreed to their criminal history score.

Section 22-3504(1) permits an appellate court to consider an illegal-sentence issue raised for the first time on appeal.

State v. Boswell · filed 2021-12-10(1)

However, K.S.A. 2017 Supp. 22-3504(1) authorizes the court to correct an illegal sentence at any time. We have held that this statutory provision grants appellate courts authority to consider illegal-sentence issues raised for the first time on appeal.

Section 22-3504(a) permits a defendant to challenge the classification of a prior conviction for criminal history scoring for the first time on appeal.

State v. Munoz · filed 2022-01-14(a)

Munoz correctly points out that a defendant may raise a legal challenge to the classification of a prior conviction to lower a criminal history score for the first time on appeal under K.S.A. 2020 Supp. 22-3504(a), which allows a court to "correct an illegal sentence at any time while the defendant is serving such sentence."

Section 22-3504(a) permits correction of an illegal sentence at any time, including consideration of a legal challenge to a prior conviction’s criminal history classification raised for the first time on appeal.

State v. McIntyre · filed 2022-02-04(a)

The illegal sentence statute, K.S.A. 2020 Supp. 22-3504(a), explicitly states that an illegal sentence can be corrected at any time. Moreover, our Supreme Court has stated that a legal challenge to the classification of a prior conviction in a criminal history score can be raised for the first time on appeal under the illegal sentence statute. State v. Dickey, 301 Kan. 1018, 1034, 350 P.3d 1054 (2015). As a result, we will address McIntyre's illegal sentence claim even though he raises it for the first time on appeal.

Section 22-3504(a) permits correction of an illegal sentence at any time while the sentence is being served.

State v. Cook · filed 2021-08-13(a)

We have the authority to correct an illegal sentence at any time while the sentence is being served. K.S.A. 2020 Supp. 22-3504(a).

Section 22-3504(a) allows a claim that a sentence is illegal to be brought at any time while the defendant is serving the sentence.

State v. Haggard · filed 2022-05-27(a)

And this court does not disagree that illegal sentence claims may be brought at any time.

Section 22-3504(a) allows a court to correct an illegal sentence at any time while the defendant is serving it.

State v. Jones · filed 2020-06-26(a)

Although Jones did not raise this issue in the district court, a court may correct an illegal sentence at any time while the defendant is serving the sentence. K.S.A. 2019 Supp. 22-3504(a), as amended by L. 2019, ch. 59, §15.

Section 22-3504(a) allows a court to correct an illegal sentence at any time while the defendant is serving it.

State v. Cox · filed 2020-04-24(a)

Because K.S.A. 2019 Supp. 22-3504(a) specifically authorizes a court to "correct an illegal sentence at any time while the defendant is serving such sentence," Cox's illegal sentence claim is properly before this court for consideration.

Section 22-3504(a) permits a court to correct an illegal sentence at any time while the defendant is still serving it, including when the challenge is first raised on appeal.

State v. Trevitt · filed 2020-11-20(a)

Courts may correct an illegal sentence at any time—even in a challenge raised for the first time on appeal—so long as the defendant is still serving the sentence. K.S.A. 2019 Supp. 22-3504(a); State v. Hambright, 310 Kan. 408, 411, 447 P.3d 972 (2019). ... We may therefore consider his claim even though he did not raise it below.

Section 22-3504(1) allows a court to correct an illegal sentence caused by an incorrect criminal history score at any time, including when the issue is first raised on appeal if appellate jurisdiction exists.

State v. Wilmore · filed 2019-11-08(1)

Wilmore can raise this issue for the first time on appeal because, assuming the appellate court otherwise has jurisdiction, an incorrect criminal history score results in an illegal sentence which the court may correct at any time.

Section 22-3504(a) allows a defendant serving a sentence to raise an illegal sentence claim for the first time on appeal.

State v. Tippetts · filed 2020-06-05(a)

However, under K.S.A. 2019 Supp. 22-3504(a), an illegal sentence may be corrected at any time while the defendant is serving his or her sentence, including when the issue is raised for the first time on appeal.

Section 22-3504(a) allows a defendant serving an illegal sentence to seek correction at any time, including by raising the issue for the first time on appeal.

State v. McKoy · filed 2020-09-25(a)

However, under K.S.A. 2019 Supp. 22-3504(a), an illegal sentence may be corrected at any time while a defendant is serving the sentence, including when the issue is raised for the first time on appeal.

Section 22-3504(a) permits correction of an illegal sentence while the defendant is serving it, even when the issue is first raised on appeal.

State v. Arnold · filed 2020-09-25(a)

However, under K.S.A. 2019 Supp. 22-3504(a), an illegal sentence may be corrected at any time while a defendant is serving the sentence, including when the issue is raised for the first time on appeal.

Section 22-3504(a) allows an illegal sentence to be corrected at any time, including when the issue is first raised on appeal.

State v. Chenault · filed 2020-11-25(a)

However, under K.S.A. 2019 Supp. 22-3504(a), an illegal sentence may be corrected at any time, including when raised for the first time on appeal.

Section 22-3504(a) permits a defendant to challenge the legal significance of a prior conviction to lower a criminal history score for the first time on appeal.

State v. Beltran · filed 2020-12-18(a)

But a defendant may raise a challenge to the legal significance of a prior conviction to lower a criminal history score for the first time on appeal under K.S.A. 2019 Supp. 22-3504(a).

Section 22-3504(a) permits correction of an illegal sentence at any time, allowing a defendant to challenge a criminal history classification for the first time on appeal.

State v. McCullough · filed 2021-05-21(a)

Even so, he can still challenge his criminal history for the first time on appeal because improperly classifying a prior conviction to determine a criminal history score can lead to an illegal sentence, which can be corrected at any time. See K.S.A. 2020 Supp. 22-3504(a); State v. Dickey, 301 Kan. 1018, 1034, 350 P.3d 1054 (2015).

Section 22-3504(1) permits correction of an illegal sentence at any time, including where the defendant made only an oral criminal history objection and the State did not object to that procedure.

State v. Zediker · filed 2019-11-01(1)

However, the State did not object to the procedure used by Zediker and, as shown above, an illegal sentence can be corrected at any time.

Section 22-3504(1) permits correction of an illegal sentence at any time, including when an incorrect criminal history score is raised for the first time on appeal, if the appellate court has jurisdiction.

State v. Lax-Dudley · filed 2019-11-08(1)

Lax-Dudley can raise this issue for the first time on appeal because, assuming the appellate court otherwise has jurisdiction, an incorrect criminal history score results in an illegal sentence, which the court may correct at any time. See K.S.A. 2018 Supp. 22-3504(1); State v. Dickey, 301 Kan. 1018, 1034, 350 P.3d 1054 (2015).

Section 22-3504(a) allows an illegal sentence to be corrected at any time, including when the issue is first raised on appeal.

State v. Billoups · filed 2020-04-24(a)

However, under K.S.A. 2019 Supp. 22-3504(a), an illegal sentence may be corrected at any time, including when the issue is raised for the first time on appeal.

Section 22-3504(a) permits a court to correct an illegal sentence at any time, even when the defendant did not object at sentencing.

State v. Forrest · filed 2020-09-25(a)

Forrest acknowledges that he did not object at the sentencing hearing and is raising the issue for the first time on appeal. But K.S.A. 2019 Supp. 22-3504(a) allows us to correct an illegal sentence at any time.

Section 22-3504(1) permits correction of an illegal sentence at any time, including when illegality is considered for the first time on appeal.

State v. Al-Bureni · filed 2019-03-01(1)

K.S.A. 2017 Supp. 22-3504(1) allows a court to correct an illegal sentence at any time, and we may consider whether a sentence is illegal for the first time on appeal.

Section 22-3504(1) permits correction of an illegal sentence at any time, allowing an illegal-sentence argument to be heard for the first time on appeal.

State v. Haresnape · filed 2018-05-18(1)

The legality of a sentence is an exception to this rule because a court may correct an illegal sentence at any time.

Section 22-3504(1) permits a court to consider an illegal-sentence claim for the first time on appeal, even without an objection at sentencing.

State v. Lacey · filed 2018-11-30(1)

Although Lacey did not object to his criminal history at sentencing, a "court may correct an illegal sentence at any time." K.S.A. 2017 Supp. 22-3504(1). "This language has generally been interpreted to mean that 'an illegal sentence issue may be considered for the first time on appeal.'" State v. Dickey, 301 Kan. 1018, 1027, 350 P.3d 1054 (2015) (quoting State v. Floyd, 296 Kan. 685, 690, 294 P.3d 318 [2013]). Thus, we will address the merits of his claim.

Section 22-3504(1) permits a defendant to challenge the classification of a prior conviction for the first time on appeal, even without an objection below.

State v. Stuart · filed 2018-12-07(1)

Stuart did not object to his criminal history in the district court. However, this court may correct an illegal sentence at any time. K.S.A. 2017 Supp. 22-3504(1). Accordingly, a defendant can challenge the classification of a prior conviction for the first time on appeal even if the defendant did not object below. State v. Dickey, 301 Kan. 1018, Syl. ¶ 4, 350 P.3d 1054 (2015).

Section 22-3504(1) allows a claim that a sentence is illegal to be raised for the first time on appeal.

State v. McCown · filed 2019-08-02(1)

We agree with the State that a claim that a sentence is illegal may be made for the first time on appeal.

Section 22-3504(1) permits a challenge to an illegal sentence to be raised for the first time on appeal because an illegal sentence may be corrected at any time.

State v. Guenther · filed 2018-05-04(1)

Because courts may correct an illegal sentence "at any time," Guenther can raise her arguments alleging that the trial court erred when calculating her criminal history for the first time on appeal.

Section 22-3504(1) permits an appellate court to correct an illegal sentence at any time.

State v. Crenshaw · filed 2018-06-15(1)

An appellate court may correct an illegal sentence at any time. K.S.A. 2017 Supp. 22-3504(1); State v. Seward, 296 Kan. 979, 991-92, 297 P.3d 272 (2013).

Section 22-3504 permits a court to address an illegal-sentence claim at any time, including on appeal from probation revocation when the defendant did not appeal the original sentence.

State v. Walker · filed 2018-08-10(1)

The Kansas Supreme Court has held that a court may correct an illegal sentence at any time regardless of the procedural posture of the case. State v. Dickey, 305 Kan. 217, 221-22, 380 P.3d 230 (2016) (addressing illegal sentence claim based on incorrect criminal history score in appeal of defendant's probation revocation). Based on our Supreme Court's holding in Dickey, we conclude that we have jurisdiction to address Walker's illegal sentence claim.

Section 22-3504(1) allows a defendant to challenge an illegal sentence at any time, including by raising an incorrect criminal-history score for the first time on appeal.

State v. Kauer · filed 2018-03-16(1)

Although Kauer didn't raise this issue in the district court and defendants are generally prohibited from raising issues for the first time on appeal, a defendant may challenge an illegal sentence at any time. K.S.A. 2017 Supp. 22-3504(1). ... Thus, Kauer may challenge his criminal-history score for the first time on appeal.

Section 22-3504(1) allows a defendant to challenge an illegal sentence at any time, including by raising an incorrect criminal-history score for the first time on appeal.

State v. Zinnel · filed 2018-03-23(1)

Although defendants are generally prohibited from raising issues for the first time on appeal, a defendant may challenge an illegal sentence at any time. K.S.A. 2017 Supp. 22-3504(1). ... Accordingly, Zinnel is not barred from challenging his criminal-history score for the first time on appeal.

Section 22-3504(1) allows an illegal-sentence claim to be considered for the first time on appeal from probation revocation, even when the original sentence was not timely appealed.

State v. Churchhill · filed 2019-03-08(1)

Churchill did not timely appeal his original sentences, and he is now claiming that his sentences are illegal for the first time on appeal from his probation revocation. But based on the legislative mandate that "[t]he court may correct an illegal sentence at any time," we will consider Churchill's claim for the first time in this appeal.

Section 22-3504(1) permits a court to correct an illegal sentence at any time, including when the defendant first challenges it on appeal.

State v. Tonge · filed 2019-09-13(1)

Despite the State's argument to the contrary, it is well-settled that under K.S.A. 22- 3504(1), a court may correct an illegal sentence at any time. Thus, a defendant may challenge a sentence even for the first time on appeal.

An improper assessment of BIDS attorney fees does not make a sentence illegal and correctable at any time under § 22-3504.

State v. Inkelaar · filed 2007-08-17

Furthermore, the district court’s failure to properly assess BIDS fees does not constitute an “illegal” sentence which can be corrected at any time pursuant to K.S.A. 22-3504.

Section 22-3504 permits correction of an illegal sentence but cannot be used to reverse the underlying conviction.

State v. Booker · filed 2021-03-26

A motion to correct an illegal sentence is not the proper procedural vehicle to reverse a conviction.

An illegal sentence may be challenged at any time, even when the defendant previously agreed to the criminal history score used at sentencing.

State v. Johnson · filed 2021-04-23

The State argues Johnson agreed to his criminal history at the district court, he should be barred from raising his current argument. However, the State's argument is not persuasive because an illegal sentence can be challenged at any time.

Section 22-3504 does not permit a motion to correct an illegal sentence based on defects in the charging document, but a claim that the court lacked subject matter jurisdiction may be raised at any time.

State v. Deck · filed 2022-04-01

Unlike charging document defects, which are not properly raised in a K.S.A. 22- 3504 motion because they constitute an impermissible collateral attack on a conviction, subject matter jurisdiction can be raised at any time.

Section 22-3504(a) allows a court to correct an illegal sentence at any time while the sentence is still being served, including when the claim is first raised on appeal.

Downing v. State · filed 2024-09-13(a)

While he raises this claim for the first time on appeal, courts may correct an illegal sentence at any time while the sentence is still being served.

Section 22-3504 allows a motion to correct an illegal sentence at any time and covers challenges to the scoring of criminal history.

State v. Gordon · filed 2024-10-04

It is true that a motion to correct an illegal sentence under K.S.A. 22-3504 may be raised at any time, and the scoring of a person's criminal history falls well within the gambit of such a motion.

An illegal sentence claim based on misclassification of a prior conviction may be raised for the first time on direct appeal, even if the defendant did not object to the criminal history score at sentencing.

State v. Thornton · filed 2024-02-16

But as the parties point out, Thornton can challenge his criminal history score for the first time on appeal because misclassification of a prior conviction creates an illegal sentence, and illegal sentence claims may be raised at any time.

Section 22-3504 permits an illegal sentence that includes court costs and fees in restitution to be challenged at any time.

State v. Younger · filed 2024-10-04

This portion of the restitution order was contrary to statute and therefore illegal. As an illegal sentence, it could be raised at any time. See K.S.A. 22-3504. The inclusion of the other costs is reversed.

Section 22-3504 permits a challenge to a court’s jurisdiction to order restitution as an illegal-sentence claim at any time.

State v. Patton · filed 2024-11-22(a), (c)(1)

He argues, however, that we should consider this issue now because the district court's jurisdiction to enter the restitution order affects the legality of his sentence—an argument that can be considered at any time. See K.S.A. 22-3504(a), (c)(1). We agree and proceed to Patton's jurisdiction claim.

An illegal sentence may be challenged at any time under § 22-3504, including when a restitution order unlawfully includes court costs and fees.

State v. Younger · filed 2025-02-21

This portion of the restitution order was contrary to statute and therefore illegal. As an illegal sentence, it could be raised at any time. See K.S.A. 22-3504.

A claim that a sentence does not comply with an applicable statute may be raised for the first time on appeal because an illegal sentence may be reviewed at any time.

State v. Johnson · filed 2025-11-26

Johnson did not present this argument in the district court, but he asserts this is immaterial because he is challenging his sentence, which he can do at any time. We agree and thus reach his sentencing argument for the first time on appeal. See K.S.A. 22-3504 (court may review illegal sentence at any time, and illegal sentence includes sentence that does not comport with applicable statute).

A sentencing challenge raised in a K.S.A. 60-1507 proceeding may be treated as a motion to correct an illegal sentence under § 22-3504(a).

Chighisola v. State · filed 2025-12-05(a)

Chighisola's argument that his sentence is illegal comes to this panel by way of a K.S.A. 60-1507 proceeding, but we consider it to be a motion to correct an illegal sentence.

Section 22-3504 applies only to sentences, so a motion to correct an illegal sentence cannot address the duration of KORA registration duties.

State v. Phillips · filed 2026-01-30(c)(1)

By its terms, K.S.A. 22-3504 applies only to sentences.

An illegal sentence can be corrected at any time.

State v. Kraft · filed 2018-04-20(1)

An illegal sentence can be corrected at any time. K.S.A. 2017 Supp. 22-3504(1).

Section 22-3504 does not permit a motion to correct an illegal sentence to challenge an inmate’s postsentencing incarceration rather than the sentence itself.

State v. Hopper · filed 2019-04-26(3)

A motion to correct an illegal sentence is not the proper procedural vehicle to challenge an inmate's incarceration.

Section 22-3504(1) permits correction at any time of an illegal sentence caused by an incorrect criminal history score; the issue may be raised for the first time on appeal if the appellate court otherwise has jurisdiction.

State v. Fielder · filed 2019-11-27(1)

Fielder can raise this issue for the first time on appeal because, assuming the appellate court otherwise has jurisdiction, an incorrect criminal history score results in an illegal sentence, which the court may correct at any time.

Section 22-3504(1), as in effect when the appeal was filed, allowed correction of an illegal sentence at any time.

State v. Reider · filed 2020-02-28(1)

While the district court did not have the benefit of the Gensler decision when it sentenced Reider, K.S.A. 2018 Supp. 22-3504(1), which was in effect when Reider filed this appeal, allowed the correction of an illegal sentence "at any time."

Section 22-3504 allows correction of an illegal sentence only while the defendant is serving that sentence.

State v. Hunter · filed 2020-06-19(a)

But the Legislature amended that statute, effective May 23, 2019, to provide that an illegal sentence may be corrected "at any time while the defendant is serving such sentence." (Emphasis added.) K.S.A. 2019 Supp. 22-3504(a); L. 2019, ch. 59, § 15. ... Hunter is no longer serving that sentence. We lack the ability to correct his sentence, even if it were illegal.

Section 22-3504(a) permits an illegal sentence to be corrected while the defendant is serving it, including when the claim is raised for the first time on appeal.

State v. Turner · filed 2022-10-28(a)

Because an illegal sentence may be corrected at any time while the defendant is serving it, we may consider Turner's claim for the first time on appeal.

Section 22-3504 permits an appellate court to correct an illegal sentence at any time by vacating an unauthorized supervision term and ordering correction of the judgment.

Flores v. State · filed 2021-09-17

Because an appellate court may correct an illegal sentence at any time, we vacate the provision requiring Flores to serve lifetime postrelease supervision and remand with an order to correct Flores' journal entry, through a nunc pro tunc order, to reflect the imposition of parole upon release.

Section 22-3504(a) permits correction of an illegal sentence at any time, even when a party failed to seek review of an earlier ruling.

State v. Clark · filed 2026-06-12(a)

But, because an illegal sentence may be corrected at any time, the State's failure to petition for review was not fatal.

Section 22-3504(a) allows correction of an illegal sentence at any time while the defendant is serving it, even if the issue was not raised below.

State v. Sullivan · filed 2024-03-15(a)

While Sullivan did not raise this issue below, an illegal sentence can be corrected at any time while the defendant is serving the sentence.

Section 22-3504(1) treats a court’s failure to state the prison term for a convicted count as an illegal sentence that the court may later correct.

State v. Osbey · filed 1985-12-06(1)

The failure of the judge to impose a specific term when sentencing the defendant to the secretary of corrections for confinement is an “illegal sentence” within the meaning of K.S.A. 22-3504(1). The failure of the judge to state the term of the sentence the defendant was required to serve in count two was inadvertent and not prejudicial to the defendant. The judge properly imposed the sentence when the error was brought to his attention. Where a person convicted of a crime has never been legally sentenced, a proper sentence may later be imposed.

An illegal sentence under § 22-3504(1) is one imposed without jurisdiction, one that does not conform to authorized punishment, or one ambiguous about when and how it is served.

State v. Thomas · filed 1986-06-13(1)

An “illegal sentence” is either a sentence imposed by a court without jurisdiction; a sentence which does not conform to the statutory provisions, either in the character or the term of the punishment authorized; or a sentence which is ambiguous with respect to the time and manner in which it is to be served.

Section 22-3504 permits correction of an illegal sentence even after the defendant has served much of it, with full credit for time already spent in custody.

State v. Harpool · filed 1990-03-02

The sentence imposed was clearly illegal. The final point for determination is whether the case should be remanded to the trial court for imposition of the proper sentence. K.S.A. 22-3504 provides that “[t]he court may correct an illegal sentence at any time. The defendant shall receive lull credit for time spent in custody under the sentence prior to correction.” ... Harpool has served much of the original sentence imposed upon him. He is entitled to full credit for time served. However, that sentence was improper, and we conclude the case must be remanded to the trial court in order that the lawful sentence may be imposed.

Section 22-3504 does not permit correction of a converted sentence that conforms to the presumptive sentence for the stated grid block, because that sentence is not illegal.

Neal v. State · filed 1998-12-04

This is irrelevant in this case because under Tolliver, the challenged converted sentence was not illegal because the sentence imposed conformed to the presumptive sentence for the stated grid block. Here, there was no illegal sentence for the court to correct.

A sentence imposed under the penalty provision in effect when the crime was completed is not an illegal sentence subject to correction.

State v. Honton · filed 2004-03-26(1)

An illegal sentence may be corrected at any time under K.S.A. 22-3504(1). ... Honton did not receive an illegal sentence. Defendant was properly sentenced under the penalty section in effect when his crime was completed.

Section 22-3504 does not treat a sentencing court’s failure to make findings required by K.S.A. 21-4606(b) as an illegal sentence.

State v. Rojas · filed 2006-02-03

We agree that a sentencing court’s failure to make findings pursuant to K.S.A. 21-4606(b) does not render the sentence an “illegal sentence” under K.S.A. 22-3504.

Section 22-3504(1) does not treat a claim that a sentence violates a constitutional provision, without a claim that it fails to conform to a statutory provision, as a claim of an illegal sentence.

State v. Gayden · filed 2006-03-17(1)

Does the definition of an illegal sentence under K.S.A. 22-3504(1) include a claim that the punishment term violates a constitutional provision? We hold that it does not.

Section 22-3504 does not treat a sentence as illegal merely because the sentencing court failed to record its consideration of the defendant’s finances when assessing BIDS reimbursement fees, which are not part of the sentence.

State v. Robinson · filed 2006-04-28

Second, a sentencing court's failure to include such explicit consideration of the defendant's financial circumstances in the record does not render the sentence associated with the resulting assessment "illegal," as that term is used in K.S.A. 22-3504. As we have already said, the assessment itself is not punitive; it is not a punishment or part of the sentence at all. Its connection to a sentence does not convert that sentence to one fitting the narrow definition of "illegal," i.e., a sentence imposed by a court without jurisdiction; a sentence that does not conform to the statutory provision, either in the character or the term of the punishment authorized; or a sentence that is ambiguous with respect to the time and means in which it is to be served.

A sentence imposed in violation of the court’s identical or overlapping offenses rulings is not an illegal sentence correctable under § 22-3504.

State v. Swisher · filed 2006-04-28

The motion challenged Swisher’s controlling sentence as “illegal,” but our precedents are clear that a sentence imposed in violation of our rulings on identical or overlapping offenses is not “illegal” as that word is used in K.S.A. 22-3504.

Section 22-3504(1) treats an adult sentence ordered consecutive to a juvenile sanction without statutory authority as an illegal sentence.

State v. Crawford · filed 2008-06-13(1)

Whether a sentence is illegal within the meaning of K.S.A. 22-3504 is a question of law over which the appellate court’s review is unlimited. ... The court here had no authority to impose a consecutive sentence. Thus, this was an illegal sentence.

Section 22-3504 permits correction of an illegal sentence even when the lawful replacement sentence is more severe.

State v. McCarley · filed 2008-11-07(1)

The fact that the new, and proper, sentence is more severe than the original, improper one is of no consequence.

Section 22-3504(1) permits correction only when a sentence was imposed without jurisdiction, does not conform to statutory punishment provisions, or is ambiguous about when and how it is served.

State v. Davis · filed 2009-01-30(1)

An illegal sentence, as contemplated by K.S.A. 22-3504, is a sentence “imposed by a court without jurisdiction; one that does not conform to the statutory provisions, either in the character or the term of the punishment authorized; or one that is ambiguous with ... respect to the time and manner in which it is to be served. [Citations omitted.]” ... This court has repeatedly held that relief under K.S.A. 22-3504(1) should be granted only in these veiy limited circumstances.

Section 22-3504(1) permits correction of a sentence imposed without jurisdiction, one that does not conform to the punishment authorized by statute, or one ambiguous about when and how it is served.

State v. Trautloff · filed 2009-10-09(1)

An illegal sentence, as contemplated by K.S.A. 22-3504(1), is a sentence imposed by a court without jurisdiction; a sentence that does not conform to the statutory provision, either in the character or the term of the punishment authorized; or a sentence that is ambiguous with respect to the time and manner in which it is to be served.

Section 22-3504 permits an appellate court to vacate an illegal sentence and remand for resentencing when the sentence is ambiguous because it conflicts with law and the sentencing court’s express finding.

State v. Gilliland · filed 2012-05-11

We conclude under these unusual circumstances — where the sentence is ambiguous because it is contrary to the law and to the explicit finding of the sentencing court — we must vacate the illegal sentence and remand for resentencing.

Section 22-3504 does not permit a motion to correct an illegal sentence based on multiplicity or a claimed constitutional violation.

State v. Noyce · filed 2015-02-27

The definition of an illegal sentence under K.S.A. 22-3504 does not include a claim that two or more criminal sentences are multiplicitous. ... The definition of an illegal sentence under K.S.A. 22-3504 does not include a claim that a criminal sentence violates a constitutional provision.

Section 22-3504 permits correction of a sentence imposed without jurisdiction, contrary to the applicable sentencing statute, or ambiguously as to the time and manner of service.

State v. Murdock · filed 2016-02-19

An illegal sentence is defined as (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. ... The district court had jurisdiction when it imposed Murdock's sentence, the sentence conforms to the applicable statutes, and it is unambiguous. Accordingly, it was a legal sentence.

Section 22-3504(1) permits correction when a sentence was imposed without jurisdiction, fails to conform to the sentencing statute, or is ambiguous about how it must be served; a scoring error does not make an otherwise authorized sentence illegal.

State v. Ellsworth · filed 2016-03-25(1)

A sentence is illegal for purposes of K.S.A. 22-3504(1) if it: (1) is imposed by a court without jurisdiction; (2) fails to conform to the sentencing statute, either in character or term of punishment; or (3) is ambiguous as to the time and manner required for serving the punishment. State v. Sims, 294 Kan. 821, Syl. ¶ 3, 280 P.3d 780 (2012). Assessed by those criteria, the district court's erroneous treatment of the 1984 burglary conviction did not result in an illegal sentence.

Section 22-3504 treats a sentence as illegal if the court lacked jurisdiction, the sentence fails to conform to the applicable statutory punishment, or its time and manner of service are ambiguous.

State v. Hampton · filed 2016-05-06

Under K.S.A. 22-3504, an illegal sentence is: "(1) a sentence imposed by a court without jurisdiction; (2) a sentence that does not conform to the applicable statutory provision, either in 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. [Citations omitted.]" 301 Kan. at 551.

Section 22-3504(1) treats a sentence as illegal when its character or term does not conform to the punishment required by statute.

State v. Smith · filed 2016-05-20(1)

An illegal sentence, as contemplated by K.S.A. 22-3504(1), includes one that does not conform to the statutory provision, either in the character or the term of authorized punishment.

Section 22-3504 requires correction of an illegal sentence, and whether a sentence is illegal under it is a question of law subject to unlimited appellate review.

State v. Husman · filed 2017-03-17

Even if we could review the sentence, the district court was required to correct the illegal sentence. Whether a sentence is illegal within the meaning of K.S.A. 22-3504 is a question of law over which the appellate court has unlimited review.

Section 22-3504(1) does not permit a challenge to an omitted lesser included offense instruction when the sentence conforms to the statute for the crime of conviction.

State v. Ditges · filed 2017-05-26(1)

Treating the motion as it was titled, the district court's ruling was correct. The failure to give a lesser included offense instruction, without more, does not render illegal a sentence that conforms to the statutory provisions for the crime of conviction.

Section 22-3504(1) defines an illegal sentence as one imposed without jurisdiction, one that does not conform to the applicable statutory punishment, or one ambiguous about when or how it is served.

State v. Monroy · filed 2017-07-14(1)

An illegal sentence as contemplated by K.S.A. 22-3504(1) is a sentence imposed by a court without jurisdiction; a sentence that does not conform to the applicable statutory provision, either in the character or the term of authorized punishment; or a sentence that is ambiguous with respect to the time and manner in which it is to be served.

Section 22-3504 does not treat a constitutional challenge to a sentence as a claim that the sentence is illegal.

State v. Kilpatrick · filed 2017-08-11

The definition of an illegal sentence does not include a claim that the sentence violates a constitutional provision, and a defendant's motion to correct an illegal sentence based on constitutional challenges to his or her sentence will fail as a matter of law.

Section 22-3504 treats a sentence as illegal if the court lacked jurisdiction, the sentence does not conform to the authorized punishment, or it is ambiguous about when and how it is served.

State v. Ruiz-Ascencio · filed 2017-12-15

An illegal sentence under K.S.A. 22-3504 is one that (1) is imposed by a court without jurisdiction; (2) does not conform to the statutory provision, either in the character or the term of authorized punishment; or (3) is ambiguous with respect to the time and manner in which it is to be served.

Section 22-3504(1) treats a sentence as illegal if the sentencing court lacked jurisdiction, the punishment does not conform to statute, or the sentence is ambiguous about when or how it is served.

State v. Lamb · filed 2018-03-23(1)

An "illegal sentence," as contemplated by K.S.A. 22-3504(1), is a sentence imposed by a court without jurisdiction; a sentence that does not conform to the statutory provision, either in the character or the term of authorized punishment; or a sentence that is ambiguous with respect to the time and manner in which it is to be served.

Section 22-3504(3) treats a sentence as illegal only if the sentencing court lacked jurisdiction, the sentence does not conform to statutory provisions, or the sentence is ambiguous.

Bell v. State · filed 2018-09-14(3)

When a person attacks a sentence as illegal, the person must prove that the sentence: (1) was imposed by a court without jurisdiction; (2) does not conform to the statutory provisions; or (3) is ambiguous. K.S.A. 2017 Supp. 22-3504(3).

Section 22-3504 treats a sentence as illegal if the sentencing court lacked jurisdiction, the sentence does not conform to applicable statutory provisions, or the time and manner of service are ambiguous.

State v. Ranes · filed 2018-12-07

"A sentence is illegal under K.S.A. 22-3504 when: (1) it is imposed by a court without jurisdiction; (2) it does not conform to the applicable statutory provisions, either in character or punishment; or (3) it is ambiguous with respect to the time and manner in which it is to be served."

Section 22-3504(1) does not permit correction of an illegality in the original sentence after the court imposes a new sentence upon revoking probation, because the original illegality no longer exists.

State v. Cash · filed 2019-01-18(1)

This case is more akin to Roth than Sandoval because the district court modified Cash's sentence after revoking probation. Because the district court announced a new sentence, the original illegality in Cash's sentence no longer exists. This is true even though, as in Roth, "the postrelease term pronounced after revocation mimicked the original term." 308 Kan. at 972. Pursuant to Sandoval and Roth, we reverse the district court's decision on its motion to correct an illegal sentence.

Section 22-3504(1) cannot be used to increase an illegal sentence after the original sentence has been fully served because the new punishment would violate double jeopardy.

State v. Van Lehman · filed 2018-09-28(1)

We hold that, when the district court purported to correct Lehman's sentence, the original sentence had been completely served and the imposition of a new sentence was precluded by the double jeopardy provisions of the Fifth Amendment to the United States Constitution and Section 10 of the Kansas Constitution Bill of Rights.

Section 22-3504(3) treats a sentence as illegal only if the sentencing court lacked jurisdiction, the sentence fails to conform to the applicable statute, or the sentence is ambiguous about when and how it is served.

State v. Nelson · filed 2019-05-03(3)

Additionally, we note that Nelson's sentence is not otherwise illegal. Three circumstances make a sentence illegal: (1) when a court without jurisdiction imposes it; (2) when it does not conform to the applicable statutory provision, either in character or punishment; or (3) when it is ambiguous to the time and manner in which it is to be served. K.S.A. 2018 Supp. 22-3504(3). Nelson does not argue that any of these apply here.

Section 22-3504(3) does not treat a constitutional challenge to a sentence as a claim that the sentence is illegal.

State v. Zapata · filed 2020-02-14(3)

Because the definition of an illegal sentence does not encompass violations of constitutional provisions, a defendant may not challenge a sentence on constitutional grounds under K.S.A. 2018 Supp. 22-3504.

Section 22-3504 does not permit correction of a sentence based on an Alleyne violation because such a violation does not make the sentence illegal under the statute.

State v. Coleman · filed 2020-09-11(1)

It should first be noted that Coleman's motion is not a proper motion to correct an illegal sentence under K.S.A. 22-3504, since a sentence imposed in violation of Alleyne does not fall within the definition of an "illegal sentence" that may be addressed by K.S.A. 22-3504.